This chapter establishes regulations for certain land uses allowed by Division II of this title (Zoning Districts – Uses and Standards) within individual or multiple districts, and for certain activities that may occur in conjunction with a land use allowed by Division II of this title (Zoning Districts – Uses and Standards), to address potential adverse impacts. [Ord. 12-4. DC 2012 § 122-614].

The uses and activities covered by this chapter shall comply with the provisions of this chapter and all other applicable provisions of the development code.

A. Where Allowed. The uses that are subject to the standards in this chapter shall be located in compliance with the requirements of Division II of this title (Zoning Districts – Uses and Standards).

B. Permit Requirements. The uses that are subject to the standards in this chapter shall be authorized by the planning permit required by Division II of this title (Zoning Districts – Uses and Standards), except where a permit requirement is established by this chapter for the specific use.

C. Development Standards. The standards for uses in this chapter are supplemental and are required in addition to the standards in Division II (Zoning Districts – Uses and Standards) and Division IV (Development Standards) of this title.

D. Conflicting Provisions. In the event of a conflict between the requirements of this chapter and those of Division II (Zoning Districts – Uses and Standards) or Division IV of this title (Development Standards), the most restrictive standards shall control. [Ord. 12-4. DC 2012 § 122-615].

Accessory structures at single-family dwellings shall comply with the requirements of this section. These requirements do not apply to accessory dwelling units, which are allowed in addition to an accessory structure, subject to the requirements in CDC 18.200.180.

A. Applicability. This section applies to accessory structures at single-family residential properties. Structures that meet all of the following criteria: (1) less than 120 square feet in area; (2) six feet or less in height; (3) do not require a building permit, including electrical or mechanical permits; and (4) are not placed on a permanent foundation, are not subject to these provisions.

B. General Requirements.

1. Relationship to Primary Structure. Accessory structures shall be incidental to and shall not alter the primary use or character of the site.

2. Timing of Installation. Accessory structures shall be constructed concurrent with or subsequent to the construction of the primary structure on the property.

3. Prohibited Structures.

a. Accessory structures shall not be permitted as a primary use of a site.

b. Storage containers and temporary trailers shall not be considered accessory structures and are prohibited, with the exception of temporary trailers at construction projects or as allowed by CDC 18.200.200, Temporary uses and structures.

4. Prohibited in Front and Street Side Yard. Accessory structures shall not be located within any front or street side yard, regardless of setback requirements, nor shall they project beyond the front building line of the primary structure.

5. Attached Accessory Structures. Accessory structures that are attached to the primary structure (at least one common wall) shall comply with the setback requirements for the primary structure. Accessory structures attached to a primary structure by a breezeway are not considered attached for the purpose of this section.

6. Lot Coverage. The total building coverage for the primary structure, any accessory dwelling unit, and all accessory buildings or structures in all residential and nonresidential districts shall not exceed the coverage allowed by the applicable district. In residential districts uncovered decks and accessory structures that meet all of the following are not included in this calculation: (a) less than six feet in height; (b) less than 120 square feet in size; (c) are not on a permanent foundation; and (d) do not require a building permit.

7. Design. Accessory structures shall be subordinate to the primary structure by size, height, location, and appearance, and shall comply with the following criteria:

a. Roofing and siding shall be the same style, color, and materials as the roofing and siding materials predominant on the primary structure. The planning division may approve alternate materials if the materials replicate the character and appearance of the principal dwelling.

b. Accessory structures shall be painted the same color, or be complementary to, the color scheme of the primary structure.

c. Architectural detailing, including but not limited to fascia, window trim, and door trim, shall replicate and be complementary to the trim detailing of the primary structure.

d. Accessory buildings or structures shall be sited to protect privacy and minimize noise, light, glare, and traffic impacts on neighboring properties.

8. Separation. Accessory structures shall maintain a minimum five-foot separation between all structures including the primary structure, other accessory structures, or an accessory dwelling unit, except that carports and patio covers may be located immediately adjacent to the primary structure.

9. Setbacks and Height.

a. Accessory structures that meet the setback requirements for the primary structure shall not exceed 16 feet in height.

b. Accessory structures six to 12 feet in height shall maintain a minimum five-foot side and rear setback. The height may be increased by one foot for every two feet of additional setback provided, up to a maximum height of 16 feet.

10. Size. Accessory structures shall occupy no more than 25 percent of a required rear yard area, up to the maximum size as shown in Table 18.200.030. An increase of up to 10 percent may be allowed subject to a minor exception approval (Chapter 18.425 CDC, Minor Exceptions).

C. Exceptions.

1. Decks, Patios and Terraces.

a. Thirty Inches or Less. Uncovered decks or patios 30 inches or less above the existing grade shall be set back three feet from an interior side or rear property line.

b. Over 30 Inches. Balconies and decks more than 30 inches above existing grade shall be set back 15 feet from the rear property line and shall have the same side yard setbacks as required for the primary structure.

2. Gazebos and Unenclosed Patio Covers. A gazebo or patio cover open on at least three sides and supported by individual footings (and not a continuous foundation) that meets the side yard setbacks may be located within three feet of the side or rear property line.

3. Entry Structures. A decorative entry feature (such as an arbor, trellis, or archway) may be located within the required front yard setback, provided it is less than 10 feet in height, a maximum width of 10 feet, and no part of the structure encroaches into the public right-of-way. [Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-616].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), establishments that sell alcoholic beverages for off-site consumption, when the California Department of Alcoholic Beverage Control (ABC) has denied an application for the sale of alcoholic beverages based on an undue concentration of licenses or law enforcement criteria, thereby requiring a finding of public convenience and necessity (FOPCN) for the sales activity, shall comply with the requirements of this section.

A. Purpose. The following requirements are intended to comply with the requirements of the State of California Business and Professions Code Section 23958.4.

B. Applicability. These requirements shall apply to all applications for alcoholic beverage sales when the California Department of Alcoholic Beverage Control (ABC) has denied an application for the sale of alcoholic beverages based on an undue concentration of licenses or law enforcement criteria, thereby requiring a finding of public convenience and necessity (FOPCN) for the sales activity in accordance with the State of California Business and Professions Code Section 23958.4.

C. Finding of Public Convenience and Necessity (FOPCN). When the California Department of Alcoholic Beverage Control (ABC) has denied an application for the sale of alcoholic beverages based on an undue concentration of licenses or law enforcement criteria, thereby requiring a finding of public convenience and necessity (FOPCN) for the sales activity, the applicant may submit an application for a finding of public convenience and necessity, in accordance with the following procedures:

1. Permit Requirements. An application for a FOPCN shall be submitted to the planning division following the procedures for a minor use permit, pursuant to Chapter 18.435 CDC (Minor Use Permits and Use Permits).

2. Police Department Review. All applications shall be referred to the police department for review and recommendation, based on law enforcement concerns.

3. Hearing Required. Notwithstanding the provisions in Chapter 18.435 CDC (Minor Use Permits and Use Permits), the planning division may require a public hearing in accordance with Chapter 18.500 CDC (Public Hearings), prior to making a determination on an application for a finding of public convenience and necessity. The review authority shall consider the criteria in this section and the recommendation from the police department in making a decision.

4. Approval. An FOPCN may be approved when the review authority can make one of the following findings and the finding in subsection (C)(5)(b) of this section does not apply:

a. The business has a license at a different location and is relocating within the same census tract;

b. The business is changing from one type of license to another;

c. Denial would result in an undue economic hardship;

d. The business includes alcoholic beverage sales as an ancillary part of its operation; or

e. The benefits to the community from the sale of alcoholic beverages outweigh law enforcement and concentration criteria.

5. Denial. An FOPCN shall be denied when:

a. The business does not meet the above criteria; or

b. Issuance of a license will result in a public nuisance or otherwise result in an adverse impact on the public’s health, safety, or welfare.

6. Determination. The determination shall be made within 90 days of a complete application and shall be transmitted to the applicant and to the ABC.

7. Appeal. Any party may appeal the review authority’s determination directly to the city council in accordance with Chapter 18.510 CDC (Appeals and Calls for Review).

D. Display of Permit. A copy of the conditions of approval for the permit issued for the sale of alcohol beverages shall be displayed on the premises of the establishment in a place where any member of the public may readily view it. [Ord. 12-4. DC 2012 § 122-617].

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

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

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

1. Family Day Care Home (14 or Fewer Children). Family day care homes operating in accordance with Health and Safety Code Section 1596.78 shall be considered a residential use of property and permitted by right in all zoning districts where residential uses are allowed.

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

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

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

2. The facility meets applicable state licensing requirements;

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

4. The facility meets applicable fire and building codes;

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

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

D. Appeals. Any interested person may appeal the decision on the minor use permit or use permit in accordance with the provisions of Chapter 18.510 CDC (Appeals and Calls for Review). [Ord. 24-7 § 7 (Exh. L); Ord. 24-6 § 8 (Exh. K); Ord. 17-5 § 2 (Exh. E); Ord. 13-5; Ord. 12-4. DC 2012 § 122-618].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), any eating and drinking establishment, retail store, bank or financial institution, or other use providing drive-through facilities shall comply with the requirements of this section.

A. Applicability. This section applies to all drive-through facilities, either as a primary use or ancillary to a permitted use.

B. Required Stacking Distances. Drive-through facilities shall provide the minimum stacking distances indicated in Table 18.200.060. The stacking area is the area occupied by a vehicle waiting for service at the service window, service island, or service bay. A stacking space does not include the space of the vehicle being served.

1. The stacking spaces shall be a minimum of 22 feet in length and 12 feet in width.

2. Exceptions may be granted when a traffic or parking study demonstrates the need for lower stacking requirements.

3. The queuing area shall not interfere with public rights-of-way or streets or with on- or off-site circulation and parking.

C. General Requirements.

1. Drive-Through Aisles. Drive-through aisles shall be:

a. A minimum of 12 feet in width;

b. Designed to exit directly onto a public or private right-of-way or integrated with on-site circulation and merged with main driveway aisles; and

c. Facilities that are located within a shopping center shall be designed so that the drive aisle entrance and the edge of the nearest public or private right-of-way are a minimum of 100 feet apart.

2. Hours of Operation. The hours of the drive-through shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. when the site is contiguous to a residential district, except when the review authority approves different hours of operation through the minor use permit or use permit approval, or when another, previously approved planning permit granted different hours;

3. Landscaping. In addition to the requirements in Chapter 18.165 CDC (Landscaping), landscaping shall be designed to screen drive-through aisles to prevent headlight glare and to minimize visibility of vehicles from adjacent streets, parking lots, and neighboring uses;

4. Menu Boards. Menu boards shall be no larger than 30 square feet in area with a maximum height of six feet and shall face away from public rights-of-way unless adequately screened to minimize visibility;

5. Speakers. Public address speakers shall be designed and located so they are not audible from adjacent residential properties and meet the noise standards in the general plan;

6. Pedestrian Walkways. Pedestrian walkways shall not intersect drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by decorative paving; and

7. Lighting. All light fixtures shall comply with CDC 18.150.110 (Outdoor lighting).

D. Findings. In addition to the findings required in Chapter 18.435 CDC (Minor Use Permits and Use Permits), the review authority shall make the following additional findings:

1. The design and location of the facility will not contribute to increased congestion on public or private streets or alleys adjacent to the subject property.

2. The design and location of the facility will not impede access to or exit from the parking lot serving the business, impair normal circulation within the parking lot, or impede pedestrian movement.

3. The design and location of the facility will not create a nuisance for and will provide adequate buffering from adjacent properties. [Ord. 12-4. DC 2012 § 122-619].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), emergency shelters and homeless shelters shall comply with the requirements of this section.

A. Purpose. The following requirements are to implement the programs in the Housing Element, ensure compliance with Section 65583 of the Government Code, and meet the emergency shelter needs of the community.

B. Applicability. Where allowed by Division II of this title (Zoning Districts – Uses and Standards), an emergency or homeless shelter is a permitted use. A use permit is required for an emergency or homeless shelter that does not comply with the standards of this section.

C. Location. No emergency or homeless shelter shall be located within 300 feet of another emergency or homeless shelter. The separation distance shall be the shortest horizontal distance measured in a straight line from the property line of the lot with an existing emergency or homeless shelter to the property line of the lot on which an emergency or homeless shelter is proposed to be located, without regard to intervening structures or objects.

D. Facility Requirements. Every emergency or homeless shelter whether new construction or conversion of an existing structure shall include, at a minimum, the following:

1. The requirements of the city’s objective design standards set forth in Chapter 18.152 CDC shall apply to both new construction and conversion of an existing structure. In the event there are conflicting provisions, this section shall prevail;

2. An indoor or outdoor area for client congregation, so that clients waiting for services are not required to use the public sidewalk for queuing in compliance with the following requirements:

a. At least one adjacent staff office or reception area with direct visibility of the area;

b. Available for client use at least one hour prior to intake; and

c. Outdoor waiting areas shall be completely screened from view from the public right-of-way with solid walls, solid fences, or a combination of fences and landscaping that is at least three feet in height and at least 50 percent of the waiting area shall be provided with shade and rain protection. Outdoor waiting areas shall be locked whenever staff is not present on the site;

3. On-site staff, including at least one security guard that is appropriately licensed by the California Bureau of Security and Investigative Services or approved equivalent, shall be present at all times clients or prospective clients are present on the site, including in the client congregation area. Security guards shall be on site at least one hour before the facility opens and at least one hour after the facility closes. If the city, acting by and through the chief of police or their designee, determines additional security is needed, the facility, within seven days of receiving written notice from the city, shall provide the additional hours and/or security guards.

Security personnel shall have a nameplate containing the security personnel’s name and the word “SECURITY” printed in bold/capital. The word “Security” is not required if the security guard is wearing some type of clothing to identify him/her as a security guard. The nameplate shall be exhibited prominently on the clothing and shall be visible and easily read at all times. Hanging name badges and lanyards are prohibited. Alternatively, this requirement may be satisfied by embroidering the security personnel’s name and the word “SECURITY” on the security personnel’s outermost garment with the required information meeting the above specifications and located at chest level.

Shelters shall develop and implement a management and security plan with operational standards in compliance with applicable funding requirements and any local, county and state requirements. Prior to issuance of an occupancy permit, the management and security plan shall be approved by the planning division after consulting with the chief of police or their designee;

4. Outdoor lighting in compliance with the following requirements:

a. Applicable objective standards in CDC 18.150.110 and 18.160.110(D), except when in conflict with the following requirements:

i. A minimum of 10 foot-candles at all client entrances and extending in an unobstructed direction outward five feet;

ii. A minimum of two foot-candles in other areas accessible from the street;

iii. Lighting shall be provided for a period not less than 30 minutes after sunset until 30 minutes before sunrise; and

iv. The planning manager may modify the above requirements upon determining that alternate lighting will be adequate for security purposes;

5. One locker or storage cabinet for personal property shall be provided for each shelter bed. The locker shall provide a minimum of 12 cubic feet worth of storage. The shelter shall provide each client with a lock to the locker or storage cabinet at no charge;

6. One-half bicycle space for each bed, which shall be provided by an enclosed locking bicycle locker. The bicycle locker shall have minimum dimensions of 42 inches wide, 75 inches deep, and 54 inches high to accommodate secure storage of a bicycle;

7. Unless smoking is otherwise prohibited pursuant to Chapter 8.35 CMC, provide a designated smoking area. The smoking area shall comply with the requirements of CMC 8.35.100(b);

8. Provide bathrooms and bathing facilities in the quantity and at locations as required by the California Plumbing Code (Title 24, Part 5 of the California Code of Regulations). Shower stalls must include an interior lock on the shower door, and an emergency call button or pull cord; and

9. The site of the facility shall be kept free of litter, graffiti, and any other undesirable material at all times. The property owner and/or operator shall remove abandoned personal property, trash, litter and debris on a daily basis. Graffiti shall be removed within 48 hours of written notice from the city.

E. Maximum Number of Beds. No more than 25 beds shall be provided in any single emergency or homeless shelter. [Ord. 25-2 § 7 (Exh. A); Ord. 24-5 § 7 (Exh. I); Ord. 12-4. DC 2012 § 122-620].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), entertainment or entertainment establishment uses shall comply with the requirements of this section.

A. Purpose. The following requirements are intended to ensure coordination between the requirements of Chapter 5.45 CMC (Entertainment Permits) and uses allowed by the development code which are enforced by the police department.

B. Applicability. Entertainment uses, or entertainment establishments, as provided for in this section, may be allowed by Division II of this title as a principally permitted use, as a part of principally permitted use, or may be ancillary to a principally permitted use, such as a restaurant or coffee shop. For the purposes of this chapter, entertainment uses or entertainment establishments shall be as defined in CMC 5.45.010 (Definitions).

C. Exception for Incidental Live Entertainment. Live entertainment is considered to be incidental to the primary use where the indoor stage/performance area does not exceed 50 square feet and customer dancing does not occur. Incidental live entertainment that meets the following standards is not subject to the other provisions of this section:

1. Incidental live entertainment is a permitted use in conjunction with:

a. Eating and drinking establishments;

b. Retail sales such as coffee houses, music stores, and bookstores; and

c. Other commercial uses when determined appropriate by the planning division and police department and there is no impact on adjacent properties.

2. Incidental live entertainment shall be allowed with a zoning clearance, unless the principal use of the property requires an administrative permit, minor use permit or use permit; then the incidental live entertainment shall be approved as a part of the administrative permit, minor use permit or use permit by the applicable review authority.

3. Unless otherwise approved by the police department in the entertainment permit, the incidental live entertainment shall:

a. Occur a maximum of three times per week;

b. Be limited to the hours of operation that are typical for the primary use; and

c. Be indoors only.

4. If incidental live entertainment violates any provision of Chapter 5.45 CMC, Entertainment Permits, the police department may order the entertainment stopped immediately pursuant to Chapter 18.540 CDC (Enforcement).

D. Live Entertainment. Live entertainment, excluding incidental live entertainment, as allowed by Chapter 5.45 CMC (Entertainment Permits), and Division II (Zoning Districts – Uses and Standards) of this title, shall be allowed subject to the following:

E. General Requirements for All Live Entertainment. Any dancehall, nightclub, commercial or membership club, commercial place of amusement or recreation, or any place where entertainers are provided, whether as social companions or otherwise, or any establishment where liquor is served for consumption on the premises, that is not in conjunction with a restaurant shall not be established on any property that is less than 200 feet from the boundary of any residential district, unless otherwise approved by the administrative permit, minor use permit, or use permit, as required. The review authority shall consider and include conditions, as necessary, to address:

1. Noise impacts on adjacent uses;

2. Hours of operation;

3. Parking and circulation;

4. Outdoor lighting;

5. A litter cleanup program;

6. Security measures; and

7. Transferability.

F. Review by the Police Department. All live entertainment, whether an incidental or primary use, shall be reviewed and approved by the police department through an entertainment permit, subject to the requirements of Chapter 5.45 CMC (Entertainment Permits), prior to commencement.

1. The police department shall not approve an entertainment permit until any required planning permit has been approved and the planning division has confirmed that the use has complied with all applicable conditions of approval. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-621].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), gas stations and car washes shall comply with the requirements of this section.

A. Gas Stations. In addition to the development standards in Division II (Zoning Districts – Uses and Standards) and Division IV (Development Standards) of this title, gas stations and car washes shall comply with the following requirements:

1. A gas station or car wash shall be located on property with a minimum site area of 20,000 square feet with at least one side of the property abutting a public street;

2. Pump islands shall be set back a minimum of 20 feet from any property line. The setbacks for the primary building shall comply with the applicable zoning district;

3. Curb cuts on a public or private street shall be a minimum of 50 feet from the intersection of the projected curb lines. No more than two curb cuts shall be permitted at the site unless otherwise approved by a use permit;

4. All merchandise, including but not limited to periodicals, vending machines, and other items offered for purchase, shall be contained within the primary building at all times;

5. The storage of inoperative vehicles is prohibited;

6. Pump islands shall have at least one trash receptacle for every two fuel pumps;

7. Water and air compressor machines shall be kept in working order and have signage that is clearly visible and legible regarding free air and water to customers purchasing fuel in accordance with Section 13651 of the California Business and Professions Code;

8. Vapor processing units and propane tanks shall be located behind or on the side of the main building, where possible, or screened within a landscaped area. Tanks shall be installed pursuant to requirements of the California Air Resources Board and Contra Costa County fire protection district and shall be oriented in a horizontal position; and

9. Ancillary uses, such as convenience stores, smog testing, or auto repair, shall be approved as a part of the use permit, as allowed in Division II of this title, Zoning Districts – Uses and Standards, and comply with the applicable provisions of CDC 18.200.220, Convenience stores.

B. Car Washes. In addition to the requirements as allowed in Division II of this title, Zoning Districts – Uses and Standards, and the development standards in Division IV of this title, car washes shall comply with the following requirements:

1. The site layout and design shall ensure that the queuing and drying areas will not create overspill into adjoining walkways and streets;

2. All washing facilities shall be completely within a roofed or enclosed building;

3. Vacuuming facilities shall be located as far away from sensitive noise receptors as possible and shall be completely screened from adjacent residential properties;

4. Any noise from car washing activities, loud speakers, and vacuuming shall meet the noise standards in the general plan;

5. Car washes shall use recycled water whenever available; and

6. Compliance with subsections (A)(3), (4), (5), and (7) of this section is required, as they pertain to car washes.

C. Rental of Trucks, Trailers, and Automobiles. It shall be unlawful for the owner, lessee, or operator of any gas station or car wash or other commercial establishment, except a full-service, new car automobile dealership, to store, maintain, keep, or make available to the public, by lease agreement or otherwise, any rental trailers, trucks, or autos on the service station or adjoining premises without first obtaining a use permit, or an amendment to an existing use permit, if allowed in Division II of this title (Zoning Districts – Uses and Standards). [Ord. 21-5 (Exh. D); Ord. 12-4. DC 2012 § 122-622].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), home-based businesses shall comply with the requirements of this section.

A. Applicability. This section applies to all home-based businesses which are allowed as an accessory use to the residential use of any property. This section applies wherever residential uses are allowed by Division II of this title.

B. General Requirements. All home-based businesses shall comply with the following: Not a project under CEQA Guidelines Section 15060(c)(2), 15060(c)(3), or 15378.

1. Location. The home-based business shall be conducted entirely within the principal dwelling, within an enclosed structure attached to the dwelling, or within a legally permitted and constructed enclosed accessory structure detached from the dwelling, excluding required garage parking area.

2. Floor Area Maximum. The space exclusively devoted to home-based businesses, including any related storage, shall not exceed 20 percent of the dwelling unit’s habitable square footage as determined by county tax records.

3. Employees. Employees working or meeting at the site shall be limited to persons who reside at the residence and one nonresident. The one nonresident employee’s hours shall be between 8:00 a.m. and 8:00 p.m.

4. Clients or Customers. No clients or customers shall be permitted at the site of the home-based business, except for students engaged in individual home instruction; i.e., with one student at a time and no more than six students per day. Student hours shall be between 8:00 a.m. and 8:00 p.m. An exception for nonstudent clients and limits on students is allowed pursuant to subsections (D)(2) and (D)(3) of this section.

5. Vehicles. In order to retain and preserve the neighborhood character and residential appearance of the property, a maximum of one business vehicle up to one-ton capacity per residence shall be permitted; provided, that the vehicle does not give the appearance that a business is being conducted at the location. The following types of vehicles are expressly prohibited: limousines; dump trucks; tow trucks; pick-up trucks with the bed converted into a hauling compartment designed to hold materials and equipment that exceed the height of the existing sides of the truck; construction vehicles (e.g., front-end loaders, backhoes); trailers (e.g., construction trailers, chipper trailers); construction equipment (e.g., cement mixers, chippers); vehicles over one ton; and similar vehicles.

6. Parking. A home-based business shall not encroach on any areas required for parking. A vehicle used in conjunction with a home-based business shall be parked in compliance with all applicable parking requirements for the residence.

7. Appearance. The residential appearance of the property at which the home-based business is conducted shall be maintained, and no exterior indication of a home-based business shall be permitted, including commercial advertising signs or window displays.

8. Storage. No equipment, parts, materials, supplies, merchandise, refuse, or debris shall be stored outdoors. Equipment, parts, materials, supplies, or merchandise may be stored within a permanent, fully enclosed compartment of a passenger vehicle or truck. No refuse or debris shall be stored in any vehicle. There shall be no storage of hazardous chemicals other than that which is normally found at a private residence.

9. Deliveries. Deliveries shall be limited to the frequency of deliveries and types of vehicles normally associated with residential neighborhoods and shall be between the hours of 8:00 a.m. and 8:00 p.m.

10. Nuisances. No home-based business shall be conducted in a manner which creates a public nuisance under state law or under the development code. Without limiting the foregoing, a home-based business shall not create noise, odor, dust, vibration, smoke, electrical disturbance, or any other interference with residential uses of adjacent property and shall be invisible to the neighborhood. There shall be no excessive use of, or unusual discharge into, any one or more of the following utilities: water, sanitary sewers, electrical, garbage, or storm drains.

11. Compliance with Other Requirements. A home-based business shall comply with all other applicable state laws and city ordinances, including any state licensing requirements.

C. Prohibited Home-Based Businesses. The following types of home-based businesses are expressly prohibited:

1. Automotive service, diagnosis, or repair to vehicles, other large machinery or equipment, or large appliances of others; and

2. Beauty salons and barber shops.

D. Permit Requirements.

1. Any person desiring to operate or establish a home-based business shall file an application and pay the fees for a home-based business permit.

2. Any person whose home-based business relies on nonstudent clientele visiting the residence may apply for an administrative permit to allow up to six nonstudent clientele customers per day, with one client at a time, subject to an administrative permit and notice to property owners and residents within 100 feet of the home-based business of the decision and right of appeal pursuant to Chapter 18.510 CDC (Appeals and Calls for Review).

3. Any person whose home-based business relies on providing education-related tutoring or services may increase the number of students served by up to two students at a time, and not more than eight students per day, between the hours of 8:00 a.m. to 9:00 p.m., subject to an administrative permit and notice to property owners and residents within 100 feet of the home-based business of the decision and right of appeal pursuant to Chapter 18.510 CDC (Appeals and Calls for Review). For the purposes of this section, education-related tutoring or services shall be limited to tutoring or instruction for school-aged children on academic subjects typically covered by a school curriculum or program such as mathematics, language, arts, and the sciences. Such business shall comply with the following standards and requirements when applicable:

a. When more than one student is being tutored at a time, a minimum of 15 minutes shall be provided between each session to stagger student pick-up and drop-off times.

b. Driveways shall be reserved for student/client parking during business hours.

c. Approval by the homeowners’ association, community association, property management company, or any other entity requiring authorization of such business shall be provided in writing.

d. The home-based tutoring business shall not create excessive pedestrian or vehicular traffic beyond that normal for the area and does not create a neighborhood nuisance.

E. Appeals. If a home-based business permit is denied or revoked, the home-based business applicant or permit holder may appeal the planning division’s determination pursuant to Chapter 18.510 CDC (Appeals and Calls for Review). [Ord. 18-9 § 1 (Exh. A); Ord. 12-4. DC 2012 § 122-623].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), live/work and work/live units shall comply with the requirements of this section.

A. Purpose. The following requirements provide standards for the development of new live/work and work/live units. Live/work and work/live units shall be occupied by business operators who live in the same structure that contains their commercial or industrial activity. Live/work and work/live units may be established through the reuse of existing multifamily, commercial, and industrial buildings, or through new construction.

B. Applicability.

1. A live/work unit is intended to function predominantly as living space with incidental accommodations for work related activities that are beyond the scope of a home-based business.

2. A work/live unit is intended to function predominantly as workspace with incidental residential accommodations that meet basic habitability requirements.

C. General Requirements. The nonresidential component of a live/work or work/live project shall be a use allowed by Division II of this title (Zoning Districts – Uses and Standards), subject to the applicable standards and the following limitations:

1. Prohibited Uses. A live/work or work/live unit shall not be established or used in conjunction with any of the following activities:

a. Adult-oriented businesses;

b. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.;

c. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

d. Welding, machining, or any open flame work; and

e. Any other use determined by the review authority to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of the residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous due to materials, processes, products, or wastes.

D. Density. Live/work and work/live units shall comply with the minimum and maximum density requirements of the applicable district, except that units within the IMX district shall not exceed a density of one unit per 1,800 square feet of net lot area.

E. Design Standards.

1. Floor Area Requirements.

a. The minimum net total floor area for a live/work or work/live space shall be 1,000 square feet.

b. No more than 50 percent of the floor area in work/live units shall be exclusively reserved for living space. For work/live units all floor area other than that reserved for living space shall be reserved for and regularly used for working space.

2. Separation and Access. Each live/work or work/live unit shall be separated from other units and other uses in the building. Access to each unit shall be provided from common access areas, corridors, or halls and the access to each unit shall be clearly separate from other live/work or work/live units or other uses within the structure.

3. Mixed Occupancy Buildings. If a building contains mixed occupancies of live/work or work/live units and other residential or nonresidential uses, occupancies other than live/work or work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work or work/live units and other occupancies, as determined by the building code.

4. Facilities to Accommodate Commercial or Industrial Activities. A live/work or work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, noise attenuation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities for the same work activity.

5. Integration of Living and Working Space. Areas within a live/work or work/live unit that are designated as living space shall be an integral part of the live/work or work/live unit and not with separate access (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or similar private space.

6. Parking. Parking shall comply with the requirements of Table 18.160.040.

7. Open Space. A minimum of 200 square feet of private or common usable outdoor recreation or landscape open space shall be provided for each live/work or work/live unit. The open space may be provided on the ground level or as decks, balconies, porches, yards, gardens, sundecks, rooftop open space, podium space, or as an indoor recreation amenity if the site is constrained.

F. Operating Requirements.

1. Occupancy. Live/work or work/live units shall be operated by a resident of the business within the unit or household.

2. Rental of Portions of the Unit. No portion of a live/work or work/live unit may be separately rented as a commercial space to any person not living on the premises or as a residential space for any person not working at the premises.

3. Nonresident Employees. In addition to the resident, up to two persons who do not reside in the live/work or work/live unit may work in the unit unless otherwise approved by the minor use permit or use permit. The employment of any persons who do not reside in the live/work or work/live unit shall comply with all applicable building code requirements.

4. Client and Customer Visits. Client and customer visits to live/work or work/live units are permitted subject to any applicable conditions of the applicable minor use permit or use permit to ensure compatibility with adjacent commercial or industrial uses or adjacent residentially zoned areas or uses.

5. Notice to Occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable district.

6. Changes in Use. A live/work unit may be converted or changed to an entirely residential use. A work/live unit shall not be converted to an entirely residential use, nor shall the ratio of living space to working space be changed, unless authorized through an amendment to the original approval. Any amendment to a work/live approval shall require a finding that the exclusively residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating due to potential health or safety concerns or nuisance complaints raised by the residential use and/or its occupants.

G. Findings for Live/Work Units. The following findings shall be made for an approval of a live/work unit, in addition to the findings required for minor use permit or use permit:

1. Any business operated from the unit shall be operated by the occupant of the residential unit and not by an outside party; and

2. The proposed live/work unit is compatible with the architectural design of the buildings in the surrounding area. Any changes to the exterior of the building will be compatible with the surrounding area.

H. Findings for Work/Live Units. The following findings shall be made for an approval of a work/live unit, in addition to the findings required for minor use permit or use permit approval:

1. Any business operated from the unit shall be operated by the occupant of the residential unit and not by an outside party;

2. The use proposed for each work/live unit is a bona fide commercial or industrial activity;

3. The establishment of a work/live unit will not conflict with nor inhibit industrial or commercial uses in the surrounding area;

4. The building containing work/live units and each work/live unit within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and

5. The proposed work/live unit is compatible with the architectural design of commercial and industrial buildings in the surrounding area. Any changes to the exterior of the building will be compatible with adjacent commercial or industrial uses. [Ord. 12-4. DC 2012 § 122-624].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), manufactured homes shall comply with the requirements of this section.

A. Purpose. Manufactured homes may be used for residential purposes subject to the provisions of this section.

B. Applicability. This section shall only apply to manufactured homes constructed after January 1, 1994, which are certified under the National Manufactured Home Construction and Safety Act of 1974.

C. Design and Site Development Review. Administrative design and site development review shall be required for all new manufactured homes in accordance with Chapter 18.415 CDC.

D. Design Standards. Manufactured homes shall be compatible in design and appearance with the residential structures in the vicinity and shall meet the following standards:

1. Foundation. A manufactured home shall be built on a foundation system in accordance with the Uniform Building Code (UBC).

2. Skirting. Skirting shall extend to the finished grade on all sides of the unit over the foundation.

3. Siding. Exterior siding and materials shall be compatible with adjacent residential buildings.

4. Eaves. Roof eaves shall extend at least 12 inches but not more than 16 inches beyond the wall.

E. Nonresidential Use. The use of manufactured homes as a temporary use is subject to CDC 18.200.200 (Temporary uses and structures). [Ord. 12-4. DC 2012 § 122-625].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), establishments that operate mechanical and electronic games as ancillary to a principal use, such as a restaurant or retail establishment, shall comply with the requirements of this section.

A. Purpose. The following requirements apply to businesses which employ mechanical or electronic games in order to minimize nuisances that may be detrimental to the public health, safety, and welfare of the surrounding community.

B. Applicability. These requirements apply to all establishments that operate or maintain five or more mechanical and/or electronic games.

C. Permit Requirements. An administrative permit shall be required for commercial establishments that operate five or more mechanical or electronic games.

D. Conditions. The review authority may impose reasonable restrictions on the physical design, location, parking, lighting, and operation of an establishment with mechanical and electronic games in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety, and welfare of the surrounding community. These restrictions may include a requirement for a police background check to be conducted.

E. Exemptions. This section does not apply to vintage mechanical or electronic games for sale at an antique or collectible store, or devices used for educational purposes at a school, museum, cultural center, or public library.

F. Adult Manager Required. At least one adult manager (18 years of age or 21 or over if serving alcohol) shall be on the premises during the time the mechanical and electronic games are open to the public. The onsite manager shall be responsible for ensuring compliance with this section and any conditions imposed; this obligation is in addition to the compliance obligations of the property owner, proprietor, and any other responsible parties.

G. Conflicts. In the event of any conflict between this section, other provisions of the development code, conditions imposed on a particular use or establishment, or any provisions of the Concord Municipal Code, the more restrictive shall prevail. [Ord. 15-8 § 3 (Exh. C); Ord. 12-4. DC 2012 § 122-626].

A. Purpose. Where allowed by Division II of this title, Zoning Districts – Uses and Standards, vertical mixed-use projects and projects in mixed-use districts (downtown pedestrian, downtown mixed-use, and commercial mixed-use) shall comply with the requirements of this section, except where state law limits the city’s enforcement of design standards to objective standards, and Chapter 18.152 CDC (Objective Design Standards).

B. Applicability.

1. These requirements apply only to vertical mixed-use projects which combine residential and nonresidential uses into a single building with residential units located above the nonresidential uses. These requirements do not preclude the residential uses from also being located behind the nonresidential uses.

2. These standards do not apply to projects in mixed-use districts that consist of a single land use within a building or multiple land uses (separate residential buildings and nonresidential buildings located adjacent to each other) on a site or adjoining lots that may include a common property line (horizontal mixed-use).

3. Exceptions or modifications to these requirements shall require approval of a use permit in compliance with Chapter 18.435 CDC (Minor Use Permits and Use Permits).

C. Density. The residential component of a mixed-use project shall comply with the minimum and maximum density requirements of the applicable district.

D. Performance Standards.

1. Lighting. Lighting for commercial uses shall be appropriately shielded to limit impacts on the residential units.

2. Noise. Each residential unit shall be designed and constructed to minimize adverse impacts from nonresidential project noise.

3. Hours of Operation. Outdoor nonresidential uses in the NC and CMX districts shall be prohibited from operating between the hours of 10:00 p.m. and 7:00 a.m. Outdoor nonresidential uses in the DP and DMX districts shall be prohibited from operating between the hours of 11:00 p.m. and 6:00 a.m. Variations to these hours may be allowed, subject to approval of a use permit.

E. General Requirements. The following standards shall apply to mixed-use projects:

1. Any space proposed for retail or restaurant uses shall be a viable, marketable, and accessible space with adequate width, depth, size, and location to support the proposed use. For speculative projects, the applicant may be required to demonstrate that the space is adequate;

2. The primary entrance for both residential and nonresidential uses shall be prominently and separately located along the building’s street frontage or within a public or semi-public courtyard, foyer, lobby, or arcade. The residential entrance may be located within a public or semi-public foyer or lobby accessed through the primary, nonresidential entrance;

3. The ground floor elevation shall be no more than 30 inches above the finished grade immediately adjacent to the entry;

4. All street-facing facades shall have comparable architectural design and detailing. All buildings shall be designed with four sided design;

5. Building facades that exceed 100 feet in length shall be designed to provide at least one vertical break created through projecting or recessing wall surfaces, changes in the roofline, and/or by other elements that proportionally divide the facade’s mass;

6. Buildings shall be compatible with the height, massing, setback, and design character of surrounding uses and applicable design guidelines. Blank building walls shall not be allowed;

7. Building exterior finishes shall consist of durable, repairable, and high quality materials designed for residential and nonresidential uses;

8. Building uses and activities shall maintain compatibility with each other. The site design shall include specific design features to minimize potential adverse impacts from site lighting, noise, and other site elements. The building design shall provide a compatible mix of residential and nonresidential uses. Building lighting, reflective glare, and similar features shall be designed to minimize potential impacts to residents;

9. Restaurants shall provide measures including a scrubber, carbon filter, or similar equipment on the roof vent to control and to reduce odors to acceptable levels;

10. Shared parking shall be incorporated into mixed-use projects in compliance with Table 18.160.040 (Parking Requirements by Land Use);

11. Required on-site grade-level parking shall be located behind buildings out of public view;

12. Where surface parking is located within side setbacks on interior lots it shall be visually screened from the street by permanent structures (e.g., landscape wall);

13. Garage door openings shall be visually screened from the street by orientation, distance, landscaping, and/or other permanent structures;

14. Where appropriate, site design shall provide pedestrian connections by through-block walkways or links to sidewalks, including stairs or ramps as necessary;

15. Commercial loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project. Loading and service entrances shall not intrude upon the public view or interfere with pedestrian and vehicular circulation;

16. Areas for collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses in compliance with CDC 18.150.150;

17. Common open space areas for residential uses shall be separated from nonresidential uses on the site. However, the building may be arranged to create opportunities for common open space for both uses. The planning division may allow sharing of the common open space if the open space will provide a direct benefit to residents of the project and if at least half of the required common open space for the residential uses is provided within the residential component of the project; and

18. Mechanical equipment shall be visually screened from the street and from the residential portion of the project by orientation, distance, and/or other permanent structures and landscaping.

F. Additional Requirements for the Downtown Pedestrian (DP) and Downtown Mixed-Use (DMX) Districts. The following standards shall apply specifically to the DP and DMX districts in addition to those standards listed in subsections (B) through (E) of this section:

1. The primary facade of the building shall be located as close to the sidewalk or front property line as possible, except where set back for a courtyard, plaza, seating area, or other public or semi-public open space.

2. The building shall abut one or both side property lines except where setbacks are required by the building code; or for access to parking; or for a side courtyard, plaza, seating area; or other public or semi-public open space.

3. Buildings shall be designed to differentiate the upper floor uses from the ground level uses in at least two of the following ways:

a. Buildings 35 feet in height or less that are set back from the property line shall provide a minimum eight-foot-wide arcade that extends beyond the building;

b. Buildings exceeding 35 feet in height that are set back from the property line shall provide either an arcade or a minimum five-foot setback from the facade of the ground floor use;

c. All buildings shall provide a change to materials, finish, or texture between the ground floor and upper floors; and

d. All buildings shall provide a heavy cornice line at the top and a continuous 10-foot-deep awning at the ground floor.

G. Additional Requirements for the Downtown Pedestrian (DP) District. The following standards shall apply specifically to the DP district:

1. Residential uses shall be located above the ground floor of the building for properties directly facing Todos Santos Plaza, and the ground floor shall be occupied by a retail or restaurant use.

2. Entries to individual residences shall not be allowed on the ground floor for properties directly facing Todos Santos Plaza.

3. Building facades that exceed 80 feet in length shall be designed to provide at least one vertical break created through projecting or recessing wall surfaces, changes in the roofline, and/or by other elements that proportionally divide the facade’s mass.

H. Additional Requirements for the Downtown Mixed-Use (DMX) District. The following standards shall apply specifically to the DMX district:

1. Both residential uses and nonresidential uses may occupy the ground or first floor of the building.

2. Building facades that exceed 130 feet in length shall be designed to provide at least one vertical break created through projecting or recessing wall surfaces, changes in the roofline, and/or other elements that proportionally divide the facade’s mass.

I. Additional Requirements for the Commercial Mixed-Use (CMX) District. The following standards shall apply specifically to the CMX zoning districts:

1. Both residential uses and nonresidential uses may occupy the ground or first floor of the building.

2. All restaurants shall be located on the ground floor facing a street.

3. Building facades that exceed 80 feet in length shall be designed to provide at least one vertical break created through projecting or recessing wall surfaces, changes in the roofline, and/or other elements that proportionally divide the facade’s mass.

J. Additional Requirements for the Neighborhood Commercial (NC) District. The following standards shall apply specifically to the NC zoning districts:

1. Residential uses shall be located above the ground or first floor of the building, which shall be reserved for a nonresidential use.

2. The primary entrance for residential uses shall be located separately from the commercial entrance. Individual residential entries shall not be located along the ground floor front facade.

3. Building facades that exceed 100 feet in length shall be designed to provide at least one vertical break created through projecting or recessing wall surfaces, changes in the roofline, and/or other elements that proportionally divide the facade’s mass.

K. Denial. The review authority may restrict or deny a proposed residential use if it determines that the use cannot be operated so as to be compatible with the nonresidential uses on the site. [Ord. 24-7 § 7 (Exh. L); Ord. 24-6 § 8 (Exh. K); Ord. 12-4. DC 2012 § 122-627].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), mobile home parks shall comply with Title 25 of the California Administrative Code and the requirements of this section:

A. General Requirements. Each mobile home park and structure within a mobile home park shall comply with the following standards.

1. Setback Requirements. Each mobile home, patio or porch cover, awning, garage, storage building, or any other structure or building shall be set back a minimum of five feet from the boundary lines of each mobile home site; except that storage sheds of 120 square feet or less may be located within three feet of the mobile home site boundary. Where a mobile home site adjoins a mobile home park exterior property line, adjacent structures shall be set back from the exterior property line as required by the adjacent zoning district.

2. Maximum Height Limits.

a. Mobile homes: 15 feet;

b. Accessory structures: 15 feet; and

c. Service facilities: 30 feet.

3. Landscape Areas. Landscaping shall be provided in compliance with Chapter 18.165 CDC (Landscaping).

4. Recreation Area. Recreation areas shall be landscaped and maintained in a dust free condition as follows:

a. Family Park. Two hundred fifty square feet of recreational area per mobile home space for the first through one hundredth space and 200 square feet of recreational area per mobile home space for each space in excess of the one hundredth space.

b. Adult Park. Two hundred square feet of recreational area per mobile home space.

5. Storage Area. A mobile home park shall provide one or more storage areas for tenant-owned recreational vehicles, travel trailers, boats, and other vehicles. The size, location, and screening of said storage areas shall be considered on a project-by-project basis by the review authority, taking into consideration the number of units and type of project.

6. Pedestrian Access. A system of landscaped pathways shall be provided to be used exclusively by pedestrians. Pathways shall serve all mobile home lots and all buildings used in common. In the event such pathways are provided adjacent to driveways, the pedestrian pathway shall be at a grade height at least four inches higher than the adjacent driveway.

7. Streets and Access Drives. The design of streets and access drives shall comply with applicable state standards for mobile home parks and as established by the use permit.

8. Other Laws, Regulations, and Ordinances. All applicable county and state laws and regulations concerning the development and operation of mobile home parks shall be observed. Nothing contained in this section shall be construed to abrogate, void, or minimize other pertinent requirements of law. [Ord. 12-4. DC 2012 § 122-628].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), outdoor sales and display shall comply with the requirements of this section.

A. Locational Criteria. The outdoor sales and display area shall be directly related to a business occupying a permanent structure on the subject parcel. Displayed merchandise shall occupy a fixed, specifically approved, and defined area that does not disrupt the normal function of the site or its circulation, and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. The area shall be delineated by striping, enclosure, or otherwise approved boundary.

B. Setbacks. Outdoor sales and display areas shall not encroach into required setback areas. In zoning districts where no setback is required, the outdoor sales area shall be set back a minimum of 15 feet from adjoining property lines, unless otherwise allowed by the review authority.

C. Screening. All outdoor sales and display areas, except for automobile displays and plant nurseries, shall be screened in compliance with CDC 18.150.180, Transitional requirements. The height of merchandise, materials, and equipment on display shall not exceed the height of the screening wall or fence.

D. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be permitted to identify the outdoor sales and display area.

E. Rental of Trucks, Trailers, and Automobiles. Except as provided in Division II of this title, no owner, lessee, or operator of any gasoline service station or other commercial establishment shall be allowed to store, maintain, keep, or make available to the public, by lease agreement or otherwise, any rental trailers, trucks, or autos on the service station or adjoining premises. [Ord. 12-4. DC 2012 § 122-629].

Where allowed by Division II of this title, Zoning Districts – Uses and Standards, recycling facilities that include collection facilities (reverse vending machines and small and large collection facilities) and processing facilities shall comply with the requirements of this section.

A. Small Collection Facilities.

1. Small collection facilities shall be located at least 50 feet from an R (residential) district or residential use.

2. Each facility shall be no larger than 500 square feet and shall be set back at least 10 feet from a front or side property line.

3. Small collection facilities shall not use parking space(s) required for the primary use. One space shall be provided for the collection facility attendant, in addition to the parking required in Table 18.160.040, Parking Requirements by Land Use.

4. Facilities located within 100 feet of the boundary of an R district or residential use shall not operate between 7:00 p.m. and 9:00 a.m.

5. No power-driven processing equipment shall be used except for reverse vending machines.

6. A solid masonry wall at least six feet in height shall enclose each facility with perimeter landscaping.

7. All recyclable materials shall be stored in containers or in a mobile unit vehicle.

8. The maximum sign area shall be eight square feet exclusive of informational requirements and operational instructions required by this section. The review authority may approve directional signage bearing no advertising message if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

B. Large Collection Facilities.

1. Large collection facilities shall be located at least 250 feet from an R district or residential use.

2. Each facility shall be in an enclosed building or within an area enclosed by a solid masonry wall at least six feet in height with landscaping.

3. Parking requirements for large collection facilities shall be as required in Table 18.160.040.

4. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light-processing activities necessary for efficient temporary storage and shipment of material may be allowed if noise levels comply with subsection (E)(4) of this section.

C. Reverse Vending Machines.

1. Any reverse vending machine that occupies no more than 15 square feet and is located no more than 30 feet from the primary entrance to a commercial use shall be exempt from these requirements.

2. Reverse vending machines shall be allowed only as a small or large collection facility.

3. Reverse vending machines shall not require additional parking and may not use parking spaces required for the primarily permitted development.

4. Each machine shall be clearly marked to identify the type of material to be deposited, operating instructions, and shall identify the phone number of the operator or responsible person to call if the machine is inoperative.

5. The maximum sign area shall be four square feet per machine.

6. Adequate nighttime lighting shall be provided, if warranted, pursuant to CDC 18.150.110, Outdoor lighting.

D. Processing Facilities.

1. Processing facilities shall be located at least 500 feet from an R district or residential use.

2. Processors shall operate in a fully enclosed building, except for incidental storage, or within an area enclosed on all sides by a solid masonry wall not less than eight feet in height and landscaped on all street frontages.

3. If the facility is open to the public, parking shall be provided for a minimum of 10 customers or the peak load, whichever is higher, unless otherwise approved by the review authority.

4. One parking space shall be provided for each commercial vehicle operated by the processing center, in addition to the parking required in Table 18.160.040, Parking Requirements by Land Use.

5. Power-driven processing shall be permitted, provided all noise-level requirements are met.

E. All Collection and Processing Facilities.

1. No facility or storage area shall occupy a required front or corner side yard, and all requirements applicable to the principal structure on the site shall apply to collection and processing facilities except as otherwise provided in this section.

2. A large collection or processing facility may accept used motor oil for recycling from the generator in compliance with California Health and Safety Code Section 25250.11.

3. All exterior storage of material shall be in sturdy containers or enclosures that are fully covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing.

4. Noise levels generated by the facility shall not exceed 60 decibels (dBA) as measured at the property line of an R district or otherwise shall not exceed 70 dBA.

5. All facilities shall be administered by on-site personnel during hours the facility is open. If a large collection or processing facility is located within 500 feet of an R district, it shall not be in operation between the hours of 7:00 p.m. and 8:00 a.m.

6. The site of the facility shall be kept free of litter and any other undesirable material. Containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

7. Except as otherwise provided herein, sign regulations shall be those provided for the district in which the facility is located. In addition, each facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.

8. No facilities shall collect household waste or flammable waste products.

9. No dust, fumes, smoke, vibration, or odor above ambient levels may be detectable on neighboring properties. [Ord. 12-5; Ord. 12-4. DC 2012 § 122-630].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), accessory dwelling units shall comply with the requirements of this section.

A. Purpose. The purpose of this section is to comply with California Government Code Sections 65852.2 and 65852.22, which provide for local jurisdictions to set standards for development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and affordable housing, while ensuring they remain compatible with the existing neighborhood.

B. Definitions. These definitions only apply to this section (Accessory dwelling units) and in the event there is a conflict between this section and other provisions of the Development Code or any provisions of the Concord Municipal Code, these definitions shall prevail.

“Accessory dwelling unit” means an attached interior or detached dwelling unit which shall provide complete independent living facilities for one or more persons, is located on the same lot with a proposed or existing single-family principal dwelling or multifamily principal dwelling, and includes permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes an efficiency unit and a manufactured home, defined below.

“Architecturally and significant historic district” means one of the officially recognized historic landmarks or council-designated historic districts in the city.

“Attached accessory dwelling unit” means an accessory dwelling unit that is physically connected to and shares at least a portion of one wall with an existing or proposed single-family principal dwelling or multifamily principal dwelling.

“Attic” means the unfinished space between the ceiling assembly and the roof assembly.

“Basement” means a story that is not a story above grade plane.

“Car share vehicle” means a motor vehicle available for short-term rental (less than 30 days), including an option for hourly rental.

“Conversion” means the act of modifying an existing legal building or a portion of an existing legal building from its existing use to an accessory dwelling unit.

“Efficiency kitchen” includes a cooking facility with appliances, a food preparation counter, and storage cabinets, which are of reasonable size in relation to the size of the dwelling unit.

“Efficiency unit” is a dwelling unit with a maximum floor area of 150 square feet and which shall include an efficiency kitchen and bathroom facilities, as specified pursuant to the California Health and Safety Code Section 17958.1.

“Exempt accessory dwelling unit” is an attached or detached dwelling measuring up to 800 square feet with four-foot side and rear yard setbacks that is not subject to lot coverage, floor area ratio, open space, and other development standards if applying such standards prohibits its construction.

“Existing” means a single-family principal dwelling, accessory structure, or a multifamily principal dwelling structure that was lawfully constructed prior to the receipt of an application of an accessory dwelling unit or junior accessory dwelling unit.

“Interior accessory dwelling unit” is an accessory dwelling unit developed within the interior of a proposed or existing single-family principal dwelling (including attached garages) or within an existing accessory structure.

“Junior accessory dwelling unit” is a type of dwelling unit which has a maximum floor area of 500 square feet in size, which shall include an efficiency kitchen (as defined in this subsection), and is contained within an existing or proposed single-family principal dwelling. A junior accessory dwelling unit may include separate sanitation facilities or share sanitation facilities with the existing or proposed single-family principal dwelling. Subject to subsection (E) of this section, junior accessory dwelling units must be constructed entirely within the walls of an existing or proposed single-family principal dwelling or an attached garage.

“Living area” means the interior habitable area of a dwelling unit, including basements and attics but not garages and/or any habitable accessory structure.

“Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or when erected on site is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family principal dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. “Manufactured home” includes any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the Manufactured Housing Construction and Safety Act of 1974.

“Multifamily principal dwelling(s)” means the legal structure(s) consisting of two or more attached units, existing at the time an accessory dwelling unit application is received, that was established as the primary use and building(s) on a residential lot, to which the accessory dwelling unit may be established through and subordinate to.

“Nonlivable space” means the interior spaces of existing multifamily principal dwelling structures that are not used for livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

“Owner” means any person with a legal interest in real property, as shown in the last equalized assessment roll for city taxes, accompanied with a right to occupy said property. For purposes of this section, “owner” shall not mean a tenant or lessee of the real property.

“Preapproved accessory dwelling units” means a collection of architectural and building permit-ready plan sets (including structural calculations) for detached accessory dwelling units of varying unit types, architectural designs, and sizes approved and provided by the city and made free to the public.

“Public transit” means a location where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, including, but not limited to, a bus stop or train station.

“Setback, corner-side” means a side lot line of a corner lot that is adjacent to a street, between the front and rear lot lines, and the area between a property line and building or structure, which must be kept clear or open.

“Single-family principal dwelling” means the legal single-family residential dwelling unit that is established or will be established as the primary use and building on a residential lot, to which the accessory dwelling unit may be established through and subordinate to.

“Story above grade plane” means any story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is either of the following: (1) more than six feet above grade plane; or (2) more than 12 feet above the finished ground level at any point.

C. General Requirements Applicable to Accessory Dwelling Units.

1. Building Permit Required. Accessory dwelling units and junior accessory dwelling units shall comply with the California Building Code as set forth in CMC Title 15 for dwellings. A building permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be accompanied by the appropriate application fee. The building permit application shall be ministerially processed within 60 days of receipt of a complete application and shall be approved if the proposed unit conforms to the requirements of this section. An incomplete application will be returned with a complete explanation of the deficiencies and additional information that is required to remedy the application. The city shall grant a delay in processing if requested in writing by the applicant. Further, if the building permit application for an accessory dwelling unit or a junior accessory dwelling is submitted with a permit application to create a single-family principal dwelling or multifamily principal dwelling on the lot, the application for the junior accessory dwelling unit or accessory dwelling unit will not be acted upon until the application for the new single-family principal dwelling or multifamily principal dwelling is approved or denied, but thereafter shall be processed within 60 days after approval of the application for the new single-family principal dwelling and approved if it meets the requirements of this section. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the city approves occupancy of the single-family principal dwelling.

2. Permanent Foundation. A permanent foundation system in accordance with the Uniform Building Code (UBC) shall be required for all accessory dwelling units.

3. Density. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located.

4. Subdivision.

a. No subdivision of land or air rights shall be allowed that would result in the accessory dwelling unit or junior accessory dwelling unit existing on a separate lot from the single-family principal dwelling or multifamily principal dwelling. An accessory dwelling unit or junior accessory dwelling unit may not be sold independently of the single-family principal dwelling or multifamily principal dwelling but may be leased separately.

b. An accessory dwelling unit and a single-family principal dwelling may be owned by multiple owners as tenants in common if the single-family principal dwelling and accessory dwelling unit were developed by a qualified nonprofit, as that term is defined in and pursuant to Government Code Section 65852.26, and the transaction meets the requirements of Government Code Section 65852.26.

5. Short-Term Rentals Prohibited. The accessory dwelling unit or junior accessory dwelling unit shall not be rented for a term of less than 30 days.

6. Zoning Conditions and Building Code Requirements. The city will not deny a building permit application for an accessory dwelling unit because of nonconforming zoning conditions, building code violations, or unpermitted structures on the property that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

7. Allowed Use. Accessory dwelling units are allowed in the following zoning districts that allow for single-family or multifamily principal dwelling residential uses.

8. Size. The living area of an accessory dwelling unit shall be at least 150 square feet in size, and shall not exceed the lesser of 50 percent of the floor area of the principal dwelling or:

a. One thousand square feet on lots with a net area of less than 12,000 square feet, excluding up to 230 total square feet for attached garages or carports.

b. One thousand two hundred square feet on lots with a net area of 12,000 square feet or greater, excluding up to 460 total square feet for attached garages or carports.

This limitation will be waived if it limits the size of the accessory dwelling unit to less than 800 square feet.

9. Zoning Development Standards. Accessory dwelling units shall meet all provisions of the zoning district in which they are located and all other applicable provisions of the development code, except where such provisions would conflict with this section.

10. Design. The following standards shall apply to accessory dwelling units except pre- approved accessory dwelling units:

a. Roof Pitch and Form, Colors and Materials. Colors and materials for any accessory dwelling unit shall be consistent with the existing and/or proposed principal dwelling, using at least two of the following three approaches:

i. A minimum of one matching exterior color from the color palette of the principal dwelling.

ii. A minimum of two matching exterior materials from the material palette of the principal dwelling.

iii. A matching roof slope to that of the dominant roof pitch or form of the principal dwelling.

Alternatively, if the planning division determines that the design does not meet two of the above approaches, a discretionary design and site review process is required.

b. Exterior Entrances and Staircases. All attached accessory dwelling units, shall have a separate exterior entrance from the single-family principal dwelling that is not located on the same side or facing in the same direction as the entrance for the principal dwelling, or an exterior staircase that is visible from the street or public right-of-way. This requirement shall not apply where the principal dwelling or the topography, fencing, or existing landscaping of the subject property effectively screens the accessory dwelling unit entrance from all street views.

c. Upper-Story Windows. Avoid direct line of sight to existing neighboring units by staggering window and door placement.

d. Porches in Front and Corner Side Yard Setbacks. Attached accessory structures (i.e., porches) for exempt accessory dwelling units located in the front or corner side yard setback shall be no more than five percent of the size of the livable area of the exempt ADU up to 40 square feet.

e. Design and Site Review. Accessory dwelling units shall be exempt from design and site review requirements of Chapter 18.415 CDC, except as specified in this subsection (C)(10).

11. Parking. The parking required for an accessory dwelling unit is in addition to the required off-street parking for the single-family or multifamily principal dwelling.

a. Parking for Accessory Dwelling Unit. Except as provided in subsection (C)(11)(b) of this section, one off-street parking space is required per accessory dwelling unit or per bedroom, whichever is less. Off-street parking spaces shall be provided as follows:

i. Parking spaces may be uncovered, tandem, and/or located in the front yard setback if contained within the space of an existing or proposed driveway, unless findings can be made that such parking is not feasible based upon fire and life safety or topography conditions.

ii. An existing driveway may be widened to accommodate the required parking space(s), provided the expansion does not result in more than 50 percent of the required front setback or yard area (whichever is greater) being paved or covered with impervious surface.

iii. Parking for the accessory dwelling unit may not result in or include additional curb cuts unless specifically permitted pursuant to CDC 18.160.100(A).

b. Parking Exemption. Parking for an accessory dwelling unit is not required in any of the following instances:

i. The accessory dwelling unit is located within one-half mile walking distance of public transit.

ii. The accessory dwelling unit is located within a designated architecturally and historically significant historic district.

iii. The accessory dwelling unit is part of the proposed or existing principal dwelling or conversion of an accessory structure.

iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

v. When there is a car share vehicle site located within one block of the accessory dwelling unit.

c. Demolished Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the demolished parking is not required to be replaced.

12. Hillside Development. The living areas of accessory dwelling units proposed on any hillside lot are exempt from the hillside development use permit requirements described in Chapter 18.300 CDC. Other attached or detached areas, buildings or structures proposed as part of an accessory dwelling unit including but not limited to detached or attached garages, sheds or playhouses are not exempt from the hillside development use permit process, when applicable.

13. Creek and Riparian Protection. Accessory dwelling units proposed within creek or riparian areas as defined in Chapter 18.305 CDC shall comply with the development standards in CDC 18.305.040 but are exempt from the design and site review application requirement.

14. Delay of Enforcement of Building Standards.

a. Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by permitting agencies under the authority of Section 17960 of the California Health and Safety Code.

b. The building official shall grant the application if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the building official shall consult with the fire marshal.

c. No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved by the city before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application.

d. Until January 1, 2030, any notice to correct a violation of a building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.

e. This subsection (C)(14) shall remain in effect until January 1, 2035, and as of that date is repealed.

15. Owner Occupancy.

a. Accessory Dwelling Unit. No owner occupancy is required for accessory dwelling units except for building permit applications received after December 31, 2024, whereby one of the dwellings on the lot must be the bona fide principal dwelling of at least one owner of the lot containing the accessory dwelling unit, as evidenced at the time of approval of the accessory dwelling unit by appropriate documents of title and residency.

b. Junior Accessory Dwelling Unit. Unless the property is owned by a governmental agency, land trust, or housing organization, at least one of the dwellings on the lot with a junior accessory dwelling unit must be the bona fide principal residence of at least one owner of the lot, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency. If the property is owned by a nonliving legal entity not identified above, meeting the above bona fide principal residence requirement shall require documentation proving the individual(s) residing in at least one of the dwellings on the lot owns and therefore controls more than 50 percent of the nonliving legal entity.

16. Setbacks.

a. Interior Side and Rear Setbacks. Accessory dwelling units shall provide interior side and rear setbacks of at least four feet.

b. Front and Corner-Side Setbacks. Accessory dwelling units shall comply with the front and corner-side setbacks required for the principal dwelling. In cases where the principal dwelling encroaches into the setback, the accessory dwelling unit may encroach to the same extent as the principal dwelling.

17. Height.

a. Attached Accessory Dwelling Unit. The height of an attached accessory dwelling unit shall not exceed 25 feet or the height limitation that applies to the single-family principal dwelling or multifamily principal dwelling, whichever is lower. However, the accessory dwelling unit may not exceed two stories.

b. Detached Accessory Dwelling Unit. The height of a detached accessory dwelling unit shall not exceed:

i. Sixteen feet on a lot with an existing or proposed single-family principal dwelling or multifamily principal dwelling. Single-story accessory dwelling units may exceed 16 feet in height when the planning division determines additional height is necessary to provide greater compatibility with the roofline, pitch or architectural style of the principal dwelling, including, but not limited to, features such as gables, shed roofs, and towers;

ii. Eighteen feet on a lot with an existing or proposed single-family principal dwelling or multifamily principal dwelling if the lot is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height may be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the single-family or multifamily principal dwelling; or

iii. Eighteen feet on a lot with an existing or proposed multifamily, multistory principal dwelling.

iv. No height limit shall apply to the conversion of an existing detached accessory structure to an accessory dwelling unit.

c. Accessory dwelling units located on the second story of an existing or proposed accessory structure may exceed 16 feet in height, provided they maintain interior and corner side setbacks of at least 10 feet and meet the height and rear setback standards applicable to the principal dwelling.

18. Exemptions From Design and Development Standards.

a. Accessory dwelling units that meet the standards in subsection (D)(2) of this section do not have to meet the additional development and design standards in the underlying zoning district or in this section to be permitted.

b. Limits on size based on a percentage of the proposed or existing principal dwelling, lot coverage, floor area ratio, front setback, open space, and size must permit or shall be waived to allow a detached or attached accessory dwelling unit up to 800 square feet in size with four-foot side and rear yards, if the proposed accessory dwelling unit is in compliance with all other development standards.

D. Number and Types of Accessory Dwelling Units. The following types of accessory dwelling units shall be allowed in areas zoned to allow single-family or multifamily principal dwelling uses or in circumstances with a lawfully constructed single-family or multifamily principal dwelling in other zoning districts, subject to the requirements and standards of this section:

1. Accessory Dwelling Units Subject to Development and Design Standards. One accessory dwelling unit that complies with the development and design standards in subsection (C) of this section shall be permitted on a lot with an existing or proposed single-family or multifamily principal dwelling.

2. Exempt Accessory Dwelling Units. If an accessory dwelling unit does not exist or is not proposed on a lot pursuant to subsection (D)(1) of this section, the following shall be ministerially permitted on a lot:

a. One interior accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family principal dwelling if all of the following apply:

i. The interior accessory dwelling unit has exterior access separate from the proposed or existing single-family principal dwelling.

ii. The side and rear setbacks of the interior accessory dwelling unit are sufficient for fire and safety.

iii. If developed within an accessory structure, the accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress.

iv. The junior accessory dwelling unit complies with the requirements of subsection (E) of this section.

b. One detached, new construction accessory dwelling unit and one junior accessory dwelling unit complying with the requirements of subsection (E) of this section per lot with a proposed or existing single-family principal dwelling if the accessory dwelling unit has at least four-foot side and rear yard setbacks; does not exceed 800 square feet in floor area; and does not exceed the allowed height in subsection (C)(18) of this section.

c. Up to two detached accessory dwelling units on a lot with a proposed or existing multifamily principal dwelling if the accessory dwelling units do not exceed the allowed height in subsection (C)(18) of this section and have at least four-foot side and rear setbacks.

d. A lot with an existing multifamily principal dwelling may contain accessory dwelling units converted from portions of the building that are not used as livable space. The number of accessory dwelling units permitted is equivalent to up to 25 percent of the number of existing, legally permitted units in the multifamily principal dwelling, or one, whichever is greater.

E. Junior Accessory Dwelling Unit Development Regulations.

1. One junior accessory dwelling unit is allowed on lots zoned to allow single-family principal dwellings and is not permitted on a property with a multifamily principal dwelling. A junior accessory dwelling unit shall have a separate exterior entrance from the proposed or existing single-family principal dwelling unit.

2. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. Access to a bathroom is required, which may be part of the junior accessory dwelling unit or located in the existing or proposed single-family principal dwelling. If provided as part of the single-family principal dwelling, the junior accessory dwelling unit shall have internal access to the single-family principal dwelling.

3. No additional parking is required for junior accessory dwelling units.

4. Prior to issuance of a certificate of occupancy for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:

a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family principal dwelling;

b. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;

c. A prohibition against renting the property for fewer than 30 consecutive calendar days; and

d. A requirement that either the principal dwelling or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

A copy of the recorded covenant shall be filed with the community development department prior to issuance of a certificate of occupancy.

F. Appeals. No appeals are permitted. All permits for accessory dwelling units are based on a ministerial review process and evaluation for conformance with this section. All approval or denial determinations are final.

G. Environmental Review. As a ministerial project, an application for an accessory dwelling unit or junior accessory dwelling unit is exempt from environmental review under the California Environmental Quality Act (CEQA).

H. Severability and Savings. If any subsection, sentence, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section, and each subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. In the event that the State Legislature amends any provision of the Planning and Zoning Law or other provision of state law respecting accessory dwelling units or junior accessory dwelling units so as to give rise to a conflict between state law and any provision or provisions of this section, such amendment shall prevail and apply in place of the conflicting provision or provisions hereof, and shall be deemed incorporated herein by this reference as though fully set forth. [Ord. 23-8 § 7 (Exh. A); Ord. 21-2 § 5 (Exh. A); Ord. 18-1 § 1 (Exh. C); Ord. 17-2 § 2 (Exh. A)].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), or by Chapter 12.45 CMC (Sidewalk Cafes), sidewalk cafes and outdoor eating areas shall comply with the requirements of this section.

A. General.

1. Access shall comply with the Americans with Disabilities Act;

2. Food preparation shall comply with all county health requirements;

3. The hours of operation shall be limited to the hours of operation of the associated eating and drinking establishment;

4. Adequate lighting shall be provided to ensure that improvements and furniture do not become hazardous to pedestrians;

5. Restrooms shall be provided inside the associated eating and drinking establishment;

6. Only food and/or beverages prepared or stocked for sale at the adjoining eating and drinking establishment shall be served. Areas where alcoholic beverages are served shall be subject to the requirements of the Department of Alcoholic Beverage Control (ABC);

7. The sidewalk cafe and outdoor eating area shall be cleared of all equipment and in no case shall they be used for outdoor storage of any kind during non-operating hours; and

8. The site shall be kept in a clean and safe condition at all times. Refuse storage in the public right-of-way or pedestrian walkways is prohibited.

B. Sidewalk Cafes.

1. Regulations in Concord Municipal Code. Sidewalk cafes are regulated by Chapter 12.45 CMC, including (a) allowable locations; (b) allowable configurations (CMC 12.45.050); (c) sidewalk clearance and furniture location requirements (CMC 12.45.060); (d) signs; (e) service of food and beverages; alcoholic beverages (CMC 12.45.080); (f) food preparation requirements; and (g) days and hours of operation.

2. Review Authority.

a. Planning Approval. Sidewalk cafes shall require an administrative permit approval from the planning division in accordance with the provisions in Chapter 18.420 CDC (Administrative Permit).

b. Encroachment Permit. All sidewalk cafes shall require an encroachment permit (See CMC 12.45.030) from the engineering division, in accordance with Chapter 12.15 CMC (Street Encroachments).

Sidewalk Cafe Locations

Figure 18.200.190

3. Furniture and Design.

a. All furniture and associated structural elements, such as awnings, umbrellas, planters, fencing or other physical elements that are visible from public rights-of-way, shall be compatible with and complement the character of the main structure;

b. All furniture, umbrellas, fencing, and other improvements shall be made of high quality durable materials designed for commercial use, and secured to the site, as approved by the planning division;

c. When fencing is used it shall be a high quality, decorative metal, unless otherwise approved;

d. Tables and chairs shall not be placed to impede building ingress and egress nor impede access to trash cans, parking meters, bicycle racks, newspaper racks, bus stops, or other such uses of the public right-of-way; and

e. All outdoor furniture, including tables, chairs, umbrellas, and planters, shall be portable and shall be arranged to adequately accommodate persons with disabilities, including the visually impaired.

4. Entertainment. Sidewalk cafes that provide entertainment or amplified music may require the preparation of a noise analysis with appropriate mitigation measures, including limited hours of operation, to mitigate noise impacts on nearby residential areas.

C. Outdoor Eating Areas.

1. Applicability. Outdoor eating areas shall be permitted as an ancillary use to any restaurant where allowed by Division II of this title (Zoning Districts – Uses and Standards).

2. Location. Outdoor eating areas shall be located on private property within alleys, plazas, courtyards, or other interior outdoor spaces, in compliance with the setbacks of the applicable zoning district.

3. Permit Requirements. Outdoor eating areas shall obtain:

a. An administrative permit in accordance with Chapter 18.420 CDC (Administrative Permits) when located 300 feet or more from a residential zoning district or a residential dwelling; or

b. A minor use permit in accordance with Chapter 18.435 CDC (Minor Use Permits and Use Permits) when located less than 300 feet from a residential zoning district or a residential dwelling. [Ord. 12-4. DC 2012 § 122-632].

A. Purpose. This section establishes procedures, standards, and requirements for the approval of temporary activities, events, and uses which are intended to operate on a short-term basis for a limited period. Such activities, events, and uses may not meet the typical use or development standards for a particular zoning district, but may be acceptable due to their temporary nature. Temporary activities, events, and uses include special events provided for the enjoyment of the public, sales and promotional activities intended to serve commercial interests, seasonal activities, temporary construction related activities, and similar temporary activities, events, and uses.

B. Applicability. This section shall apply to temporary activities, events, and uses which are established, operated, and conducted as required by this section. This section does not apply to vendors, which are subject to Chapter 12.50 CMC (Vendors).

C. Permit Requirements. Unless otherwise specified in this section, temporary events, activities, and uses shall require the following approvals. Other temporary or short-term activities that do not fall within these categories shall comply with Division II (Zoning Districts – Uses and Standards), Division IV (Development Standards), and Division V (Standards for Specific Uses) of this title.

1. Exempt Temporary Uses. Minor temporary events, activities, and uses are exempt from the requirements of this section when conducted in accordance with the limitations and conditions described below.

2. Minor Temporary Uses. Minor temporary activities, events, and uses shall require a zoning clearance determination, in accordance with Chapter 18.410 CDC (Zoning Clearance).

3. Major Temporary Uses. Major temporary activities, events, and uses are allowed subject to approval of an administrative permit in accordance with Chapter 18.420 CDC (Administrative Permits), for up to 12 months unless otherwise specified or conditioned in the permit approval. All administrative permit approvals shall be based on compliance with the findings in subsection (G) of this section.

D. Exempt Temporary Uses. Exempt temporary activities, events, and uses conducted in accordance with the limitations and conditions described below shall include:

1. Emergency Facilities. Emergency public health and safety facilities and activities.

2. Garage Sales. No property may have more than three sales per year, and no sale may exceed two consecutive days.

3. Public Property. Activities which are authorized by the city and conducted on city owned properties. Such activities may be subject to CMC 4.05.040 (Permits for use of parks).

E. Minor Temporary Uses. Minor temporary activities, events, and uses conducted in accordance with the limitations and conditions described below shall include:

1. Construction Yards – On-Site. On-site construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction activities, or expiration of the building permit or other permit authorizing the construction project, whichever occurs first.

2. Minor Promotional Events. Special events that meet the following criteria, as applicable, when the planning division determines that the event or activity will not impact an adjacent residential area:

a. Is conducted within an established shopping center;

b. Does not occur after 9:00 p.m.;

c. Is not attended by more than 100 persons;

d. Does not have amplifying equipment within 300 feet of a residential area; and

e. Does not occur for more than three consecutive days in the same location more than once every six months.

3. Real Estate Sales Offices. Temporary real estate sales offices for the initial sale of property in new residential developments, subject to the following standards:

a. Is located within a new residence that is part of the development or within a temporary building; and

b. Adequate visitor parking and safe circulation are provided that will not interfere with ongoing construction activities.

4. Temporary Work Trailers. A trailer or modular structure used as a construction office, or a temporary work site for employees of a business, subject to the following standards:

a. There is an approved building permit for the permanent facility;

b. The trailer or modular structure is only allowed during the construction of a subdivision, or permanent nonresidential structure or facility;

c. The applicant has demonstrated that the construction office or temporary work site is a short-term necessity;

d. The structure shall be approved for a maximum period of one year or until expiration of the building permit or other construction permit, whichever occurs first, unless an extension is granted; and

e. The trailer or modular structure is removed prior to final building inspection or issuance of a certificate of occupancy for the permanent structure.

5. Unattended Temporary Donation Boxes. An unattended temporary donation box is a temporary box, container, receptacle, or similar facility with ground dimensions no greater than 20 square feet and a height no greater than five feet that is placed on private property for the purpose of accepting clothing, textiles, shoes, books, and/or other salvageable personal property items to be used by an organization for distribution, resale, or recycling, subject to the following standards:

a. The donation box shall be approved for a maximum period of six months and may only be renewed for one additional six-month period. The application for zoning clearance determination shall include a site plan indicating the location of the proposed donation box and the dates for which approval is requested. The application further shall state the name and contact information of the person designated by the organization to be responsible for maintenance of the donation box;

b. The location of donation boxes shall comply with the following:

i. Shall not be located within 20 feet of the public right-of-way or other public property;

ii. Shall be in an area that is adequate in size and shape to accommodate the donation box and to allow for adequate foot traffic and access by the disabled;

iii. Shall not impede adequate vehicular traffic to or within the site;

iv. Shall not obstruct any required parking spaces;

v. Shall not obstruct or interfere with drainage or the operation of utilities; and

vi. Shall not create a public or private nuisance.

c. Only one donation box shall be permitted per parcel of real property; donation boxes shall only be located in an office and commercial or business park and industrial zone and only on a parcel where a primary business or commercial use is in operation;

d. Donation boxes shall be kept clean, well maintained, neatly painted, and in good operating condition with no structural damage, holes, or visible rust. Donation boxes shall be locked or otherwise secured and shall have a collection opening that has a tamper-resistant locking mechanism. Donation boxes shall be serviced and emptied as needed, but at least every seven days;

e. Donation boxes shall be maintained free of litter and graffiti at all times. The property owner, tenant in control, and/or operator shall remove all donation items, abandoned personal property, trash, litter and debris within 20 feet of the box on a daily basis. Graffiti shall be removed within 48 hours of written notice from the city;

f. Donation boxes shall be clearly marked with the name of the organization doing the collection and a working telephone number of the organization;

g. Donation boxes shall bear a sticker issued by the city evidencing zoning clearance determination by the city and the expiration date of the temporary use;

h. The city may summarily abate any donation box found in violation of these conditions upon 48 hours’ written notice to abate provided to the person designated by the organization to be responsible for maintenance of the donation box;

i. The written consent of the property owner and any tenant in control of the location where the donation box is intended to be placed shall be provided to the city at the time zoning clearance determination is requested. The property owner and/or any tenant in control of the location where the donation box is intended to be placed may remove the donation box at any time, with or without consent of the owner or operator of the donation box;

j. Upon termination of the authorized temporary use, donation boxes shall be removed within 48 hours; and

k. The property owner, tenant in control of the location, and organization shall be individually and severally responsible for complying with the conditions of these provisions.

F. Major Temporary Uses. Major temporary activities, events, and uses are limited to a specific duration, generally up to 12 months, unless otherwise specified below, or conditioned in the permit approval. Approval shall only be granted when all of the findings in subsection (G) of this section are met. Major temporary activities, events, and uses shall include:

1. Carnivals, Circuses, Fairs, and Amusement Places. Festivals, fairs, tent shows, exhibits, games of skill, or rides when conducted at an outdoor location, subject to the following standards:

a. Complies with operational standards contained in Chapter 5.40 CMC (Carnivals, Circuses, Fairs, and Amusement Places);

b. Is located a minimum of 300 feet from any residential property, except that schools, churches, and other local nonprofit educational or charitable organizations may be exempt from this requirement pursuant to CMC 5.40.040 (Location requirements); and

c. Has obtained a permit from the police department if the activity exceeds a total of seven days.

2. Location Filming. The use of a specific site for the filming of commercials, movies, videos, etc.

3. Major Promotional Events, Activities, Art Fairs, and Festivals. Special events and recurring activities that do not meet the conditions for minor promotional events in subsection (E)(2) of this section.

4. Model Homes. A model home or model home complex for an approved residential subdivision which has active construction permits. The models shall be converted to units for sale upon the completion of sales of all similar models or prior to acceptance of the subdivision improvements by the city.

5. Outdoor Sales and Displays. Temporary promotional sales and outdoor displays, associated with a permanent on-site use, may occur in nonresidential districts for 30 consecutive days within a 12-month period, subject to the following standards:

a. Merchandise displays are located in close proximity to the primary structure where the items are sold indoors;

b. Merchandise is displayed in a planned, orderly, and attractive manner as an extension of the window display and shall not constitute an expansion of the retail floor area (such as clothing racks);

c. Merchandise displays do not interfere with adjacent business displays, storefronts, access, or visibility;

d. Merchandise displays occupy a fixed, specifically approved, and defined location that does not disrupt pedestrian traffic, obstruct access to parking areas or driveways, or encroach onto landscape areas;

e. Display fixtures are of good quality and durable materials and construction;

f. Merchandise displays do not exceed a height of eight feet above the sidewalk; and

g. Displays are removed during nonbusiness hours, unless otherwise approved.

6. Seasonal Holiday Sales. Christmas tree lots and pumpkin patches subject to the following standards. Stand-alone seasonal sales associated with other holidays are prohibited.

a. Sales of pumpkins may be conducted between October 1st and Thanksgiving Day, and sales of Christmas trees may be conducted between Thanksgiving Day and December 25th, seven days a week, and shall not operate between the hours of 10:00 p.m. and 8:00 a.m.;

b. Seasonal sales lots shall prevent nuisance factors on adjoining parcels, such as glare or direct illumination, dirt, dust, noise, odors, smoke, waste, and vibration;

c. Adequate parking facilities and vehicular and pedestrian circulation shall be provided;

d. Appropriate setbacks are provided to ensure adequate separation from adjoining land uses and a safe environment for vehicles and pedestrians; and

e. All trees, pumpkins, and other related sale items, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state. A monetary deposit shall be required, upon application, as set forth in the currently adopted city fee schedule to guarantee site cleanup.

7. Temporary Classrooms. A temporary classroom, including a manufactured or mobile unit, may be approved for a maximum of one year at an existing private school. An extension of one year may be granted by the planning division. A temporary structure proposed for a longer time period shall comply with all provisions of the development code applicable to a permanent structure on the same site.

8. Temporary Shelter. The use of a trailer, as defined in Vehicle Code Section 630, camper as defined in Vehicle Code Section 243, or recreational vehicle as defined in Health and Safety Code Section 18010, and a trailer coach as defined in Vehicle Code Section 635, is prohibited for residential purposes except for the following conditions:

a. If an existing home is damaged and determined to be uninhabitable by the building official, a trailer, camper, or RV may be occupied for a maximum one-year period, when a building permit has been issued and is active.

b. A trailer, camper, or recreational vehicle may be parked on a lot consistent with the regulations of CDC 18.160.160 (Parking and storage of recreational vehicles).

9. Vehicle Sales Events. Temporary events sponsored by a credit union or similar organization and held on private property such as a business park, with the property owner’s authorization. These events shall be limited to a maximum of two consecutive days and shall not occur in the same location more than two times a year.

10. Attended Used Goods Collection Centers. Attended used goods collection facilities at any location other than within a permanent building or structure shall comply with all of the following standards:

a. The location of collection centers (trailers or containers) must be adequate in size and shape to accommodate the use and to allow for adequate foot traffic and access by the disabled and shall not impede adequate vehicular or pedestrian traffic to or within the site or obstruct any required parking spaces;

b. Collection centers shall not be located within 20 feet of the public right-of-way or other public property and shall be located so they are not visible from the public right-of-way;

c. The location of collection centers shall not create a public or private nuisance;

d. Only one trailer or container shall be permitted per parcel; collection centers shall only be located in an office and commercial or business park and industrial zone and only on a parcel where a primary business or commercial use is in operation;

e. Collection centers shall be operated by organizations;

f. Collection centers shall be kept clean, well maintained, neatly painted, and in good operating condition;

g. Each collection center shall be clearly marked with the name of the organization doing the collection and the local telephone number of the organization;

h. Collection centers, including all signs, accessories and structures, shall be maintained free of litter and graffiti at all times. The property owner, tenant in control, and/or operator shall remove all donation items, abandoned personal property, trash, litter and debris within 20 feet of the box on a daily basis. Graffiti shall be removed within 48 hours of written notice from the city;

i. The collection center shall be manned at all times the center is in use;

j. The written consent of the property owner and any tenant in control of the location where the collection center is intended to be placed shall be provided at the time permission is requested to use a collection center;

k. Upon termination of a collection campaign or program, collection facilities shall be removed and the site restored to its original condition within 48 hours; and

l. The property owner, tenant in control, and organization shall be individually and severally responsible for complying with the conditions of these provisions.

11. Similar Temporary Activities. A temporary activity, event, or use that the planning division determines is similar to the other activities listed in this section, and is compatible with the applicable zoning district and surrounding land uses.

G. Findings. Administrative permits for temporary events, activities, and uses, in accordance with Chapter 18.420 CDC (Administrative Permits), shall be approved only when all of the following findings can be made:

1. The establishment, maintenance, or operation of the activity, event, or use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use.

2. The activity, event, or use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

3. Approved measures for the removal of the activity, event, or use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed.

4. The approval includes provisions to ensure that each site occupied by a temporary activity, event, or use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the activity, event, or use and shall thereafter be used in compliance with the provisions of the development code. The review authority may require an appropriate security deposit prior to the initiation of the activity, event, or use to ensure proper cleanup after the use is terminated.

5. Additional conditions may be required, as appropriate, to minimize any adverse impacts of the temporary activity, event, or use.

H. Prohibited Temporary Activities, Uses, and Structures.

1. Privately Owned Vehicle Sales. The parking of privately owned automobiles in commercial, industrial, or public parking lots for the express purpose of offering the vehicle for sale is prohibited. This does not apply to permanent automobile/vehicle sales and leasing uses.

2. Shipping and Cargo Containers. Temporary structures including shipping and storage containers shall be prohibited as temporary stand-alone structures and are only permitted as building components of permanent structures subject to design and site review, with particular attention paid to roofing, exterior treatment, architecture, compatibility with adjacent buildings, and placement on a permanent foundation. [Ord. 18-1 § 1 (Exh. C); Ord. 13-5; Ord. 12-4. DC 2012 § 122-633].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), food vendor group sites shall comply with the requirements of this section.

A. Purpose. This section provides standards for food vendor group sites, established on private or public property, where allowed by Division II of this title (Zoning Districts – Uses and Standards). Food vendors can bring vitality, pedestrian activity, and spillover economic activity to the surrounding areas while protecting the health, safety, convenience, prosperity, and general welfare of the city and surrounding businesses. It is the intent of these regulations to assure a minimum level of cleanliness, quality, and security.

B. Applicability.

1. This section shall only apply to food vendor group sites and all other vendor sites and sales shall comply with the provisions in Chapters 12.50, Vendors, and 12.55, Sidewalk Vending, CMC.

2. Notwithstanding the provisions in this section, all vendors shall also comply with the requirements in CMC 12.50.010 through 12.50.040.

3. This section shall not apply to food vending that occurs as part of a permitted certified farmers’ market, permitted swap meet, or special event; when licensed by the city as a concessionaire or via a duly issued city of Concord permit for the use of public parks pursuant to CMC 4.05.040; or when permitted through a temporary use permit or special event permit.

C. Definitions.

1. “Food vending” means the sale of prepackaged or prepared foods from a food vendor unit. Food vending activities may include, but are not limited to, the following:

a. The sale of food prepared off site in a commercial kitchen and/or prepared on site within the food vendor unit kitchen, per Contra Costa County health regulations.

b. Food served from the food vendor unit.

c. Take-out counter and space for customer queuing.

d. Prepared food served in disposable wrappers, plates, or containers and sold for on-site or off-site consumption.

2. “Food vendor unit” means a vendor mobile vehicle, truck, trailer, cart, food stand, or other portable equipment from which food vending occurs on public or private property that is not a construction site, sidewalk, pedestrian path, or public right-of-way.

3. “Food vendor” means a person who is engaged in food vending.

4. “Food vendor group site” means a site approved for the stationary operation of one or more mobile food vendors clustered together on a single private or public property not within the public right-of-way, where allowed by Division II of this title (Zoning Districts – Uses and Standards), for a specific duration and frequency and subject to specific conditions of approval.

5. “Food vendor group site operator” means the individual directly responsible for organizing and/or conducting the food vendor group site and/or the facility manager, or respective designee, for the purpose of determining liability for damage to city or public facilities as a result of a food vendor group site.

6. “Permitted swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article.

D. General Requirements.

1. Location. Food vendor group sites shall not be located the same parcel as, or within 100 feet from, any of the following uses (as measured in a straight line between the property line of the parcel containing the food vendor group site to the respective parcels containing the uses below):

a. Schools. Any school, unless specifically authorized by the school.

b. Parks. Any public park or recreation area unless specifically authorized by the city.

c. Restaurants. Any full service, limited service, or drive-through restaurant, unless specifically authorized by the restaurant.

d. Bars, nightclubs or lounges.

2. Number. No more than one food vendor group site shall be allowed on any parcel.

3. Restrooms. Food vendor group sites shall be located within 200 feet of an available functioning restroom facility, which is available for the vendors and their employees, and customers, unless otherwise set forth in the permit approval for the food vendor group site.

4. Hours of Operation. Unless more restrictive hours are set forth in the permit approval, food vendor group site activities shall not be conducted before 7:00 a.m. or after 9:00 p.m., and all vendor units shall be cleared from the site by 10:00 p.m.

5. Site Circulation.

a. Food vendor units shall not impede circulation, block driveways, drive aisles, parking spaces, or other site improvements which are required for other businesses or uses on the property.

b. Food vendor group sites shall not locate in or block parking spaces which serve as required parking for any other business or use on the property.

c. Each food vendor unit at a food vendor group site shall be sited in a manner to ensure that the customer queue maintains a minimum five feet of unobstructed clear path along any public sidewalk or right-of-way when the service window faces the street or sidewalk.

d. Safe and adequate parking shall be provided for customers of the food vendor group site; the number of spaces and the layout shall be submitted with the application for a food vendor group site.

6. Site Conditions. The food vendor group site operator shall be responsible for the improvement, maintenance, and compliance with the following standards:

a. The site, any required improvements, adjacent right-of-way, and properties within 100 feet of the site shall be kept litter-free during all hours of operation. Trash or refuse generated by the food vending activities shall be picked up, removed, and properly disposed of.

b. All areas of the site to be used by food vendor units and parking shall be graded and properly drained and maintained in a dust-free manner. Surfaces shall be paved with asphaltic concrete, cement concrete, porous asphalt/porous concrete, paving units, or functional equivalent approved by the city engineer.

c. Installation and maintenance of adequate lighting to ensure vendor and customer safety consistent with the city’s photometric standards for a high-use pedestrian activity area, including an average illumination of four to five foot-candles, a uniformity ratio (maximum to minimum) of up to 6:1, and a lighting loss factor of 0.80 (HPS/LPS), 0.85 (incandescent), or 0.90 (LED/fluorescent). All lighting shall be directed downwards and away from adjacent properties and public streets.

d. Ongoing arrangements and costs for the collection and disposal of waste and trash after each food vendor group site event.

e. The layout of the food vendor group site shall comply with the approved permit and maintain site circulation and access consistent with the Americans with Disabilities Act (ADA).

f. Installation, maintenance, and storage of other site amenities such as tables and chairs, portable restroom facilities, and/or temporary shade structures, as required.

7. Security. The food vendor group site operator shall ensure that adequate safety and security measures are implemented, as directed by the chief of police or designee.

8. Display and Appearance of Food Vendor Units.

a. Each food vendor unit shall display a current business license and current health department permit in plain view, as required by the health department.

b. Food vendor units shall be maintained in movable condition at all times.

c. Signage shall be limited to approved graphics on the food vendor unit and one A-frame menu board placed within 15 feet of the food vendor unit. All other signage, including temporary and portable signs, is prohibited.

9. Alcohol. The serving or consumption of alcohol is prohibited at food vendor group sites.

10. Storage. Any exterior storage of refuse, equipment, or materials associated with the food vendor group site and each food vendor unit shall be prohibited on the site except during operating hours.

11. Solid Waste and Recycling. Food vendor group sites shall comply with the following:

a. Each food vendor shall provide at least one 32-gallon trash receptacle and a recycling bin located within 15 feet of their food vendor unit.

b. During hours of vending operations, a staff person shall pick up and dispose of any trash within the food vendor group site as soon as possible, but not less than once every hour.

E. Permit Requirements. Where allowed by Division II of this title (Zoning Districts – Uses and Standards), an administrative permit or minor use permit shall be required, in accordance with Division VII of this title (Permits and Permit Procedures).

F. Conditions of Approval. In addition to the requirements in this section, additional conditions may be required as determined necessary to protect the public health, safety, welfare, and order, and to minimize adverse impacts upon the surrounding neighborhood and the general community, including, but not limited to, litter, noise, lighting, odors, or smoke. [Ord. 25-6 § 7 (Exh. C); Ord. 14-6 § 11].

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), convenience stores and convenience stores with alcohol sales shall comply with the requirements of this section.

A. Convenience Stores with No Alcohol Sales.

1. Convenience stores shall not operate past midnight unless operating in connection with a gas station. Convenience stores connected to gas stations may have the same operating hours as the gas station, including 24 hours; provided, that all store transactions after midnight shall be from a secure outdoor walk-up window.

2. The sale of tobacco products shall comply with all applicable local, state, and federal laws in addition to the following:

a. Tobacco products shall be located behind the sales counter or other location where they are accessible by employees only. Not more than 10 percent of the sales floor area shall be used to display tobacco products for sale. Tobacco products shelved or displayed vertically on or along a wall shall be limited to 50 square feet of display area or 10 percent of the total wall area (limited to one wall) on which the shelves or displays are attached to, whichever is greater.

b. No advertisement of tobacco products in areas outside of the building or in window areas is allowed.

c. Sales of cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item or paraphernalia designed for the smoking, preparation, storing, or consumption of tobacco products is prohibited.

d. Sales of individual cigarettes or cigars are prohibited.

3. All vending machines and similar equipment shall be located indoors except for water refilling stations, propane tank cages, and ice machines.

4. At least one exterior trash receptacle shall be provided within 20 feet of the store entrance.

5. Storefronts and windows shall be transparent and allow views into the convenience store.

6. Signs shall comply with the applicable provisions of Chapter 18.180 CDC in addition to the following:

a. No paper or printed signs advertising products or services are allowed except for informational or regulatory signs required by city, state, or federal agencies and the California State Lottery.

B. Convenience Stores with Alcohol Sales.

1. Use Permit and Finding of Public Convenience and Necessity (FOPCN). Convenience stores with alcohol sales shall obtain a use permit subject to the requirements of Chapter 18.435 CDC (Minor Use Permit and Use Permits) and CDC 18.200.040 (Alcoholic beverage sales) when the California Department of Alcoholic Beverage Control (ABC) has denied an application for the sale of alcoholic beverages based on an undue concentration of licenses or law enforcement criteria, thereby requiring an FOPCN for the sales activity in accordance with California Business and Professions Code Section 23958.4.

2. The requirements imposed for convenience stores without alcohol sales stated in subsections (A)(1) through (6) of this section shall also apply to convenience store with alcohol sales. In addition, the use permit for convenience store with alcohol sales (with accompanying FOPCN as appropriate) shall be subject to the following standards, unless modified by the review authority:

a. No alcohol sales shall occur after 10:00 p.m. Alcoholic beverages shall be located in coolers or storage containers that can be locked or made inaccessible to the public when alcohol sales are not allowed.

b. Sales of distilled liquor or spirits, single beers (bottle or can), and malt liquor are prohibited.

c. No display or sale of beer or wine from an ice tub is allowed.

d. No advertisement of alcohol beverages in areas outside of the building or in window areas is allowed.

e. No alcoholic beverages shall be consumed on the premises. A sign plan shall be submitted as part of the use permit that includes signage outside the building(s) notifying customers of this requirement.

f. The owner and/or convenience store operator shall be responsible for discouraging loitering within the premises, to notify police when necessary, and shall be required to participate in the Concord police department’s Authorization to Arrest Program, or in any similar program offered by the Concord police department.

g. The convenience store shall operate under a security plan reviewed and approved by the Concord police department.

h. Display of Permit. A copy of the conditions of approval for the permit issued for the sale of alcohol beverages shall be displayed on the premises of the establishment in a place where any member of the public may readily view the permit.

i. The convenience store shall provide an annual report to the planning division regarding its compliance with the requirements of this section and all conditions of approval associated with the use permit.

C. Permit Revocation. The planning manager may refer a use permit for a convenience store with alcohol sales to the review authority to revoke or modify the conditions of the permit in accordance with Chapter 18.540 CDC (Enforcement). [Ord. 21-5 (Exh. D)].

A. The following incentives and standards shall apply to residential or mixed-use projects at a site identified for lot consolidation (“identified sites”) in the housing element sites inventory. For the purposes of this section, a “mixed-use project” shall mean a project with at least two-thirds total square footage designed for residential use (including residential amenities) and that meets the minimum residential density required by the general plan.

1. Priority or expedited processing for by-right projects from the time the application has been deemed complete by the planning division as set forth below:

a. For projects of 150 residential units or less, a decision shall be rendered by the city within 90 days.

b. For projects of more than 150 residential units, a decision shall be rendered by the city within 180 days.

2. Priority placement on public meeting agendas.

3. Assistance in marketing affordable units, deed restricted to lower income households.

4. A three percent increase of the base density, with the minimum of one additional unit, which shall be calculated based on the lot size and zoning district designation of the identified site at the time the housing element was adopted. For projects subject to Density Bonus Law, this three percent will be additive after Density Bonus Law calculation is completed and not compounded with it.

5. For projects not subject to Density Bonus Law or making use of parking reductions through any other state law, a 10 percent reduction in required on-site residential parking. This incentive is intended to apply solely to the identified site as constituted at the time the housing element was adopted. If a project site includes additional acreage (e.g., as a result of a lot line adjustment, merger, or incorporation of other parcels into the project), the additional area shall not be included in calculating the reduction. The reduction shall therefore be calculated for the project by dividing the lot size of the identified site at the time the housing element was adopted by the area of the project site, and then multiplying that percentage by 10 percent of the required on-site residential parking for the project.

6. For project sites comprised entirely of identified sites at the time the housing element was adopted, the required residential parking may be made up of 50 percent compact parking spaces and provided in any configuration. For project sites comprised of 50 percent or more of identified sites at the time the housing element was adopted, the required residential parking may be made up of 35 percent compact parking spaces and provided in any configuration. Project sites comprised of less than 50 percent of identified sites at the time the housing element was adopted are not eligible for this incentive. This incentive shall not apply to any projects electing to reduce their required parking through the application of any state law. To determine eligibility under this subsection, the planning division shall divide the lot size of the identified site at the time the housing element was adopted by the area of the project site.

B. The city will grant the incentives in subsection (A) of this section, unless, on the basis of substantial evidence, it makes either of the following written findings:

1. The project incentives would have a specific adverse impact, as defined in California Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

2. The project incentives would be contrary to state or federal law. [Ord. 24-2 § 7 (Exh. C)].

A. The city of Concord intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal 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, advanced wireless services with the city’s local values, which include without limitation the aesthetic character of the city of Concord, its neighborhoods and community.

B. This chapter is not intended to, nor shall it be interpreted or applied to:

1. Prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services;

2. Prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management;

3. Unreasonably discriminate among providers of functionally equivalent services;

4. Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions;

5. Prohibit any collocation or modification that the city may not deny under federal or California State law;

6. Impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or

7. Otherwise authorize the city to preempt any applicable federal or California State law. [Ord. 17-11 § 3 (Exh. 1)].

The abbreviations, phrases, terms and words used in this chapter will have the meanings assigned to them in this section or, as may be appropriate, in Chapter 18.20 CDC, Article II (Definitions), as may be amended from time to time, unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 47 U.S.C. Section 702, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this chapter conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.

“Approval authority” means the commission, board or official responsible for review of permit applications and vested with the authority to approve or deny such applications. The approval authority for a minor use permit is the zoning administrator or, on appeal, the planning commission. The approval authority for an administrative permit is the planning division or, on appeal, the zoning administrator.

“Architectural integration” means concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the underlying structure and surrounding built environment such that, given the particular context, the average, untrained observer does not recognize the existence of the wireless facility or concealment technique. These facilities are so integrated and well-hidden that the average, untrained observer would need special knowledge to recognize their existence. Architecturally integrated projects must be designed by a California-licensed architect. Architectural integration concealment techniques include, but are not limited to: (1) transmission equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure and (2) new architectural features that mimic the underlying building in architectural style, physical proportion and quality of construction materials. Architectural features commonly used as architectural integration concealment include, but are not limited to, church steeples, cupolas, bell towers, clock towers, pitched faux-roofs and water tanks. Further, whether a wireless facility qualifies as an architecturally integrated facility depends on the context that exists at a given location and is evaluated on a case-by-case basis.

“Base station” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. Section 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in 47 C.F.R. Sections 1.40001(b)(1)(i) and (ii) that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in 47 C.F.R. Sections 1.40001(b)(1)(i) and (ii).

“Collocation” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC’s definition effectively means “to add” and does not necessarily refer to more than one wireless facility installed at a single site.

“CPCN” means a “certificate of public convenience and necessity” granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code Section 1001 et seq., as may be amended.

“CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.

“Director” means the community and economic development director or the community and economic development director’s designee.

“FCC” means the Federal Communications Commission or its duly appointed successor agency.

“Micro wireless facility” means a wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.

“OTARD” means any over-the-air reception device subject to 47 C.F.R. Section 1.4000 et seq., as may be amended, and which includes satellite television dishes not greater than one meter in diameter.

“Personal wireless service facilities” means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.

“Personal wireless services” means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.

“Pseudo-natural integration” means concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the surrounding natural environment. Given that pseudo-natural integration mimics natural features, these manmade concealment techniques are more obvious to the average, untrained observer such that the observer may not need special knowledge to recognize the existence of a pseudo-naturally integrated wireless facility. Such concealment techniques include faux-trees and other faux-plants or faux-geologic features (monoshrubs, monorocks and other faux-natural features).

“RF” means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range.

“Section 6409” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended.

“Small wireless facilities” means wireless communication facilities that meet the following conditions: (1) the facilities are mounted on structures 50 feet or less in height including their antennas, or are mounted on structures no more than 10 percent taller than adjacent structures, or do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; and (2) with an antenna no more than three cubic feet and total wireless equipment no more than 28 cubic feet, or as defined by the Federal Communications Commission in 47 C.F.R Section 1.6002(l), as may be amended or superseded.

“Temporary wireless facilities” means portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells-on-wheels (“COWs”), sites-on-wheels (“SOWs”), cells-on-light-trucks (“COLTs”) or other similarly portable wireless facilities not permanently affixed to site on which it is located.

“Tower” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles, monotrees and lattice towers.

“Transmission equipment” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

“Wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

“Wireless communication facility” or “wireless facility” means the collective or combined equipment, network components or eligible support structures that are necessary or integral in providing personal wireless services, including but not limited to antennas, transmission equipment, towers, and base stations, or as otherwise defined by state or federal law and regulations. [Ord. 20-2 § 6 (Exh. A); Ord. 17-11 § 3 (Exh. 1)].

A. Applicable Wireless Facilities. This chapter applies to all existing wireless facilities within the city and all applications and requests for approval to construct, install, modify, collocate, relocate or otherwise deploy wireless facilities in the city, whether located or proposed to be located on private property or in the public right-of-way, unless exempted under subsection (B) of this section or governed under Chapter 18.207 CDC pursuant to subsection (C) of this section.

B. Exempt Wireless Facilities. Notwithstanding the provisions in subsection (A) of this section, the provisions in this chapter will not be applicable to:

1. Wireless facilities owned and operated by the city for public purposes;

2. Amateur radio facilities;

3. OTARD antennas;

4. Wireless facilities installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system);

5. Wireless facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D; and

6. Wireless facilities that are micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes by or for a communications services provider authorized to occupy the rights-of-way.

C. Request for Approval Pursuant to Section 6409. Any requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be first reviewed under Chapter 18.207 CDC.

D. Small Wireless Facilities. Notwithstanding any other provision of this chapter, all “small wireless facilities” as defined by the FCC in 47 C.F.R. Section 1.6002(l), as may be amended or superseded, are subject to a permit as specified in a city council policy and procedure, which may be adopted, amended and/or repealed by a resolution of the city council. All small wireless facilities shall comply with the city council policy and procedure. If such policy and procedure is repealed and not replaced, an application for a small wireless facility shall be processed pursuant to this chapter. [Ord. 20-2 § 6 (Exh. A); Ord. 17-11 § 3 (Exh. 1)].

A. Administrative Permit. An administrative permit subject to the planning division’s prior review and approval in accordance with the procedures and standards in Chapter 18.420 CDC (Administrative Permits) is required for:

1. Wireless facilities installed on city-owned infrastructure in the public rights-of-way pursuant to a valid master license agreement with the city;

2. All new architecturally integrated wireless facilities;

3. All pseudo-naturally integrated wireless facilities in preferred locations (as defined in CDC 18.205.090(A)) not within the public rights-of-way;

4. Collocations, modifications or other changes to existing architecturally integrated facilities not subject to Section 6409;

5. Collocations, modifications or other changes to existing pseudo-naturally integrated facilities not subject to Section 6409;

6. Wireless facilities installed on lattice electric transmission towers.

B. Minor Use Permit. A minor use permit subject to the zoning administrator’s prior review and approval in accordance with the procedures and standards in Chapter 18.435 CDC (Minor Use Permits and Use Permits) is required for:

1. Any wireless facilities that require an exception pursuant to CDC 18.205.070(C);

2. All new pseudo-naturally integrated wireless facilities in discouraged locations (as defined in CDC 18.205.090(B));

3. Any facility in the public rights-of-way not placed on city-owned infrastructure pursuant to a valid master license agreement with the city;

4. Any other permanent wireless facility that is not subject to an administrative permit under subsection (A) of this section.

C. Temporary Use Permit. A temporary use permit subject to the director’s prior review and approval in accordance with the procedures and standards in CDC 18.205.110 is required for any temporary wireless facility, unless deployed in connection with an emergency pursuant to CDC 18.205.110(B).

D. Design and Site Development Review. The planning division or the zoning administrator may refer any wireless facility application for an administrative permit or a minor use permit, respectively, to the design review board for a recommendation and/or decision, or to the planning commission for a decision when the proposed facility may involve a significant design or policy issue.

E. Other Permits and Regulatory Approvals. In addition to any administrative permit, minor use permit or other permit required under this chapter, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation building permits, encroachment permits, electrical permits, plumbing permits and any other permits and/or regulatory approvals issued by other departments or divisions within the city. Furthermore, any permit or approval granted under this chapter or deemed granted or deemed approved by law shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or regulatory approvals. [Ord. 17-11 § 3 (Exh. 1)].

A. Application Required. The approval authority shall not approve any request for an administrative permit or minor use permit except upon a duly filed application consistent with this section and any other written rules the city or the director may establish from time to time in any publicly stated format.

B. Application Content. All applications for an administrative permit or minor use permit must include all the content, information and materials required by the director for the application. The city council authorizes the director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the director finds necessary, appropriate or useful for processing any application governed under this chapter. The city council further authorizes the director to establish other reasonable rules and regulations, which may include without limitation regular hours for appointments with applicants, as the director deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide applicants with prior notice.

C. Procedures for a Duly Filed Application. Any application for an administrative permit or minor use permit will not be considered duly filed unless submitted in accordance with the procedures in this subsection (C).

1. Pre-Submittal Conference. Before application submittal, the applicant must schedule and attend a pre-submittal conference with the planning division for all proposed projects (a) in residential zoning districts (RR, RS, RL, RM and RH, as may be amended or superseded); (b) in any districts subject to a specific plan or specific architectural guidelines; or (c) located in the public right-of-way and subject to a minor use permit. Pre-submittal conferences for all other proposed projects are strongly encouraged but not required. The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed or existing wireless tower or base station, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other city departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that city staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The city may require a fee or deposit to reimburse the city for its reasonable costs to provide the services rendered in the pre-submittal conference. The director may, in the director’s discretion, grant a written exemption to the submittal appointment under subsection (C)(2) of this section and/or for a specific requirement for a complete application to any applicant who (a) schedules, attends and fully participates in any pre-submittal conference and (b) shows to the director’s satisfaction that such specific requirement duplicates information already provided in other materials to be submitted or is otherwise unnecessary to the city’s review under facts and circumstances in that particular case. Any written exemption will be limited to the project discussed at the pre-submittal conference and will not be extended to any other project.

2. Submittal Appointment. All applications must be submitted in person to the city at a pre-scheduled appointment with the director. Applicants may generally submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The planning division may develop alternative rules that allow multiple (i.e., “batched”) applications to be submitted at the same time. Any application received without an appointment or the required application fee, whether delivered in person, by mail or through any other means, will not be considered duly filed unless the applicant received a written exemption from the planning division at a pre-submittal conference.

3. Appointment Scheduling Procedures. For any event in the submittal process that requires an appointment, applicants must submit a written request (such as an email) to the planning division. The planning division shall use reasonable efforts to provide applicants with an appointment within not more than 15 working days after a written request is received and, if applicable, confirm that the applicant complied with the pre-submittal conference requirement.

D. Procedures for a Neighborhood Meeting. Except as modified by this section, all projects proposed to be located on private property within 300 feet of a residential district shall require a neighborhood meeting in accordance with CDC 18.405.050. The applicant shall provide the required notice materials to the planning division, which will send the required notice to all of the adjacent residents and property owners in accordance with the city’s public notification requirements and procedures.

E. Applications Deemed Withdrawn. To promote efficient review and timely decisions, and consistent with CDC 18.405.040, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the planning division within 180 calendar days after the planning division deems the application incomplete in a written notice to the applicant. The planning division may, in the planning division’s discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the one-hundred-eightieth day that shows good cause to grant the extension. Delays due to circumstances outside the applicant’s reasonable control will be considered good cause to grant the extension. [Ord. 17-11 § 3 (Exh. 1)].

A. General Notice Requirements. Public notice in accordance with the provisions in CDC 18.435.050 (Review, notice, and hearing) and 18.500.020 (Notice of public hearing) shall be required for all minor use permit applications.

B. Deemed-Approval Notices. Not more than 30 calendar days before the applicable FCC time frame for review expires, and in addition to the public notice required in subsection (A) of this section, an applicant for an administrative permit or minor use permit must provide a posted notice at the project site that states the project will be automatically deemed approved pursuant to California Government Code Section 65964.1 unless the city approves or denies the application or the applicant tolls the time frame for review within the next calendar 30 days. The posted notice must be compliant with all applicable provisions in CDC 18.500.020(B)(2)(b). The public notice required under this subsection (B) will be deemed given when the applicant delivers written notice to the planning division that shows the appropriate notice has been posted at the project site. Notwithstanding anything to the contrary in this chapter, the approval authority shall be permitted to act on an application at any time so long as the public notice required in subsection (A) of this section has occurred.

C. Decision Notices. Within five working days after the approval authority acts on an application for an administrative permit or minor use permit or before the FCC shot clock expires (whichever occurs first), the approval authority or its designee shall send a written notice to the applicant. In the event that the approval authority denies the application (with or without prejudice), the written notice to the applicant must contain (1) the reasons for the decision and (2) instructions for how and when to file an appeal. [Ord. 17-11 § 3 (Exh. 1)].

A. Required Findings for Approval. The approval authority may approve or conditionally approve any application for any administrative permit or minor use permit when the approval authority finds that:

1. The proposed wireless facility complies with all required findings for an administrative permit approval in CDC 18.420.050(A) (Review and decision) or a minor use permit approval in CDC 18.435.050(A) (Review, notice, and hearing), as applicable;

2. The proposed wireless facility complies with all applicable development standards described in CDC 18.205.100, or qualifies for a limited exception pursuant to subsection (C) of this section;

3. The applicant demonstrated that its proposed wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions;

4. The applicant demonstrated a good-faith effort to identify and evaluate more-preferred locations and potentially less-intrusive designs; and

5. The applicant provided the approval authority with a meaningful comparative analysis that shows all less-intrusive alternative locations and designs identified in the administrative record are either technically infeasible or not potentially available.

B. Conditional Approvals – Denials Without Prejudice. Subject to any applicable limitations in federal or state law, nothing in this chapter is intended to limit the approval authority’s ability to conditionally approve or deny without prejudice any application for an administrative permit or minor use permit as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in this chapter or the general plan.

C. Limited Exceptions for Personal Wireless Service Facilities. In the event that an applicant claims that strict compliance with the site location guidelines in CDC 18.205.090 or the development standards in CDC 18.205.100 would effectively prohibit the applicant’s ability to provide personal wireless services, the approval authority may grant a limited exception from such requirements to the extent necessary to prevent an effective prohibition when the approval authority finds:

1. The proposed wireless facility qualifies as a “personal wireless service facility” as defined in 47 U.S.C. Section 332(c)(7)(C)(ii), as may be amended or superseded;

2. The applicant provided the approval authority with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility;

3. The applicant provided the approval authority with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this chapter, the Concord Municipal Code, the general plan and/or any specific plan;

4. The applicant provided the approval authority with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the city, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant’s reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; and

5. The applicant demonstrated to the approval authority that the proposed location and design is the least noncompliant configuration that will reasonably achieve the applicant’s reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive wireless facilities dispersed throughout the intended service area.

D. Appeals. Any interested person or entity may appeal any decision by the approval authority in accordance with the standards and procedures in Chapter 18.510 CDC (Appeals and Calls for Review), except as modified in this subsection. On the next available meeting date after the appeal period lapses, or as soon as reasonably feasible thereafter, the appellate authority shall hold a de novo public hearing to consider and act on the application in accordance with the applicable provisions in the general plan, any applicable specific plan and all applicable provisions in the Concord Municipal Code. Appeals from an approval will not be permitted to the extent that the appeal is based on environmental effects from RF emissions that comply with all applicable FCC regulations. [Ord. 17-11 § 3 (Exh. 1)].

In addition to all other conditions adopted by the approval authority, all administrative permits and minor use permits, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The approval authority (or the appellate authority on appeal) shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this chapter.

A. Permit Term. This permit will automatically expire 10 years and one day from its issuance, except when California Government Code Section 65964(b), as may be amended or superseded in the future, authorizes the city to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.

B. Strict Compliance with Approved Plans. Before the permittee submits any applications to the building division, the permittee must incorporate this permit, all conditions associated with this permit and the approved photo simulations into the project plans (the “approved plans”). The permittee must construct, install and operate the wireless facility in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the planning division’s prior review and approval, who may refer the request to the original approval authority if the planning division finds that the requested alteration, modification or other change substantially deviates from the approved plans or implicates a significant or substantial land-use concern.

C. Build-Out Period. This permit will automatically expire one year from the approval or deemed-granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The planning division may grant one written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 calendar days prior to the automatic expiration date in this condition.

D. Maintenance Obligations – Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved plans and all conditions in this permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the city, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. Each year after the permittee installs the wireless facility, the permittee shall submit a written report to the director, in a form acceptable to the director, that documents the then-current site condition.

E. Property Maintenance. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved plans are maintained in a manner that is not detrimental or injurious to the public health, safety, and general welfare and that the aesthetic appearance is continuously preserved, and substantially the same as shown in the approved plans at all times relevant to this permit. The permittee further acknowledges that failure to maintain compliance with this condition may result in a code enforcement action.

F. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all laws. In the event that the city fails to timely notice, prompt or enforce compliance with any applicable provision in the Concord Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Concord Municipal Code, any permit, any permit condition or any applicable law or regulation.

G. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. Impacts of radio frequency emissions on the environment, to the extent that such emissions are compliant with all applicable laws, are not “adverse impacts” for the purposes of this condition. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction hours authorized by the Concord Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the city. The director or the director’s designee may issue a stop work order for any activities that violate this condition.

H. Inspections – Emergencies. The permittee expressly acknowledges and agrees that the city’s officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the city’s officers, officials, staff or other designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the city’s officers, officials, staff or other designee while any such inspection or emergency access occurs.

I. Permittee’s Contact Information. The permittee shall furnish the director with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes without limitation such person’s full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the director with updated contact information in the event that either the responsible person or such person’s contact information changes.

J. Indemnification. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials, employees and volunteers from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings (“claims”) brought against the city or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the city’s approval of this permit, and (2) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’, or customers’ acts or omissions in connection with this permit or the wireless facility. In the event the city becomes aware of any claims, the city will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the city to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit.

K. Performance Bond. Before the building division issues any construction permit in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which include without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code Section 65964(a), the director shall take into consideration any information provided by the permittee regarding the cost to remove the wireless facility and restore any areas affected by the removal work to a standard compliant with applicable laws.

L. Recall to Approval Authority – Permit Revocation. The approval authority may recall this permit for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to this permit. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance.

M. Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which include without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies kept in the city’s regular files will control over any conflicts between such hard copies and the permittee’s electronic copies, and complete originals will control over all other copies in any form.

N. Permit Renewal. Any application to renew this permit must be tendered to the director within one year prior to the expiration of this permit, and shall be accompanied by all required application materials, fees and deposits for a new application as then in effect. The approval authority shall review an application for permit renewal in accordance with the standards for new facilities as then in effect. The director may, but is not obligated to, grant a written temporary extension on the permit term to allow sufficient time to review a timely submitted permit renewal application. [Ord. 17-11 § 3 (Exh. 1)].

A. Preferred Locations. All applicants must, to the extent feasible, propose new wireless facilities in locations according to the following preferences, ordered from most preferred to least preferred:

1. City-owned or controlled parcels or structures on private property;

2. City-owned or controlled structures in the public rights-of-way;

3. Parcels or structures in business park and industrial districts (OBP, IBP, IMX and HI);

4. Existing structures in the public rights-of-way within business park and industrial districts (OBP, IBP, IMX and HI);

5. Parcels or structures in office and commercial districts (CO, CMX, NC, RC and SC);

6. Existing structures in the public rights-of-way within office and commercial districts (CO, CMX, NC, RC and SC);

7. Parcels or structures in downtown districts (NTS, DP, DMX and WMX);

8. Existing structures in the public rights-of-way within downtown districts (NTS, DP, DMX and WMX);

9. Parcels or structures in public/quasi-public districts (PQP);

10. Existing structures in the public rights-of-way within public/quasi-public districts (PQP).

B. Discouraged Locations. The city discourages new wireless facilities in the following locations, ordered from most discouraged to least discouraged, and the approval authority will take into account whether any less discouraged (or more preferred) locations are technically feasible and potentially available:

1. Parcels or structures in residential districts (RR, RS, RL, RM and RH);

2. Parcels or structures in open space or community land districts (OS, PR, RLC and WRC), except when located on existing electrical transmission towers or other similar utility towers;

3. Any other locations not identified as “preferred” in subsection (A) of this section. [Ord. 17-11 § 3 (Exh. 1)].

A. Generally Applicable Development Standards. All new wireless facilities and substantial changes to existing wireless facilities not covered under Section 6409 must conform to the generally applicable development standards in this subsection (A).

1. Concealment. Wireless facilities must incorporate concealment elements, measures and techniques that blend the equipment and other improvements into the natural and/or built environment in a manner consistent and/or compatible with the uses germane to the underlying zoning district and existing in the immediate vicinity.

2. Overall Height. Wireless facilities may not exceed the applicable height limit for structures in the applicable zoning district.

3. Setbacks. Wireless facilities may not encroach into any applicable setback for structures in the subject zoning district.

4. Noise. Wireless facilities and all accessory equipment and transmission equipment must comply with all noise regulations, which includes without limitation CDC 18.150.130(O) (Noise) and the general plan, and shall not exceed, either individually or cumulatively, the applicable ambient noise limit in the subject zoning district. The approval authority may require the applicant to incorporate appropriate noise-baffling materials and/or strategies whenever necessary to avoid any ambient noise from equipment reasonably likely to exceed the applicable limit.

5. Landscaping. In accordance with Chapters 18.165 (Landscaping) and 18.170 CDC (Water Efficient Landscaping), all wireless facilities proposed to be placed in a landscaped area must include landscape features and a landscape maintenance plan prepared by a California-licensed landscape architect, or other qualified professional. The approval authority may require additional landscape features to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the concealment required under this chapter. All landscape features must be planted and maintained using best practice methods. The approval authority may require that all plants proposed or required under this chapter must be native and/or drought-resistant.

6. Site Security Measures. Wireless facilities may incorporate reasonable and appropriate site security measures, such as fences, walls and anti-climbing devices, to prevent unauthorized access, theft or vandalism. Site security measures must be designed to enhance concealment to the maximum extent possible, such as installing equipment within an enclosure designed to mimic a trash-can corral rather than within a chain link fence. The approval authority may require additional concealment elements as the approval authority finds necessary to blend the security measures and other improvements into the natural and/or built environment. The approval authority shall not approve barbed wire, razor ribbon, electrified fences or any similar security measures.

7. Backup Power Sources. The approval authority may approve permanent backup power sources and/or generators on a case-by-case basis. The city strongly disfavors backup power sources mounted on the ground or on poles within the public rights-of-way. The approval authority shall not approve any diesel generators or other similarly noisy or noxious generators in or within 250 feet from any residence; provided, however, the approval authority may approve sockets or other connections used for temporary backup generators.

8. Lights. Wireless facilities may not include exterior lights other than (a) as may be required under FAA, FCC or other applicable governmental regulations; and (b) timed or motion-sensitive lights for security and/or worker safety. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigate illumination impacts on other properties to the maximum extent feasible.

9. Signage – Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the city, required by law or recommended under FCC or other United States governmental agencies for compliance with RF emissions regulations.

10. Future Collocations and Equipment. To the extent feasible and aesthetically desirable, all new wireless facilities should be designed and sited in a manner that accommodates future collocations and equipment installations that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance.

11. Utilities. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits large enough to accommodate future collocated wireless facilities. Meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations to the extent possible. The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost.

12. Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which include without limitation the California Building Standards Code, general plan and any applicable specific plan, the Concord Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.

B. Development Standards for Specific Types of Wireless Facilities. In addition to the requirements in subsection (A) of this section, all new and substantially changed wireless facilities not covered under Section 6409 must conform to the applicable facility-specific development standards adopted by the city council. The city council shall adopt such standards following a public hearing conducted pursuant to the requirements of the Concord Municipal Code. The facility-specific development standards may include without limitation standards for freestanding facilities, building-mounted facilities and/or facilities located in the public rights-of-way.

C. Design Guidelines. The director may develop and from time to time amend design guidelines, consistent with the generally applicable development standards and any development standards for specific types of wireless facilities, to clarify the aesthetic goals and standards in this chapter for city staff, applicants and the public. Any design guidelines for facilities in the public rights-of-way will be subject to approval by the public works director. In the event that a conflict arises between the development standards adopted under subsections (A) and (B) of this section and the design guidelines adopted under this subsection (C), the development standards adopted under subsections (A) and (B) of this section shall control. [Ord. 17-11 § 3 (Exh. 1)].

A. General Requirements for Temporary Wireless Facilities. Except as provided in subsection (B) of this section, the requirements, procedures and standards in this section shall be applicable to all applications for a temporary use permit for a temporary wireless facility.

1. Applications for Temporary Wireless Facilities. The director shall not approve any temporary wireless facility subject to a temporary use permit except upon a duly filed application consistent with this subsection (A)(1) and any other written application requirements or procedures the director may publish in any publicly stated format. Applicants for a temporary use permit for a temporary wireless facility must submit, at a minimum: (a) a discretionary permit application on the most current form prepared by the planning division; (b) the applicable fee for the application; (c) a site plan that shows the proposed temporary wireless facility and its equipment, physical dimensions and placement on the proposed site relative to property lines and existing structures; (d) an RF compliance report in accordance with CDC 18.205.050(B); and (e) an insurance certificate for general commercial liability that names the city as an additional insured, includes coverage for the time period in which the temporary wireless facility will be placed and carries at least $1,000,000 in coverage per occurrence. Applications must be submitted in person to the director unless the director grants written consent to receive an application by mail or electronic means. No pre-submittal conference or appointment is required for a temporary use permit application for a temporary wireless facility.

2. Administrative Review for Temporary Wireless Facilities. After the director receives a duly filed application for a temporary use permit for a temporary wireless facility, the director shall review the application for completeness. After the director deems the application complete, the director shall review the application for conformance with the required findings in subsection (A)(3) of this section and render a written decision to the applicant. Any denials must include the reasons for the denial. The review shall be administrative in nature and shall not require notice or a public hearing.

3. Required Findings for Temporary Wireless Facilities. The director may approve or conditionally approve a temporary use permit for a temporary wireless facility only when the director finds:

a. The proposed temporary wireless facility will not exceed 50 feet in overall height above ground level;

b. The proposed temporary wireless facility complies with all setback requirements applicable to the proposed location;

c. The proposed temporary wireless facility will not involve any excavation or ground disturbance;

d. The proposed temporary wireless facility will be compliant with all generally applicable public health and safety laws and regulations, which include without limitation maximum permissible exposure limits for human exposure to RF emissions established by the FCC;

e. The proposed temporary wireless facility will not create any nuisance or violate any noise limits applicable to the proposed location;

f. The proposed temporary wireless facility will be identified with a sign that clearly identifies the (i) site operator, (ii) the operator’s site identification name or number and (iii) a working telephone number answered 24 hours per day, seven days per week by a live person who can exert power-down control over the antennas;

g. The proposed wireless temporary wireless facility will be removed within 30 days after the director grants the temporary use permit, or such longer time as the director finds reasonably related to the applicant’s need or purpose for the temporary wireless facility (but in no case longer than one year);

h. The applicant has not been denied an approval for any permanent wireless facility in substantially the same location within the previous 365 days.

4. Appeals for Temporary Wireless Facilities. Any applicant may appeal the director’s written decision to deny an application for a temporary use permit for a temporary wireless facility. The written appeal together with any applicable appeal fee must be tendered to the city within 10 days from the director’s written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The zoning administrator shall be the appellate authority for all appeals from the director’s written decision to deny a temporary use permit for a temporary wireless facility. The zoning administrator shall review the application de novo; provided, however, that the zoning administrator’s decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this chapter and any other applicable laws. The zoning administrator shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.

B. Temporary Wireless Facilities for Emergencies. Temporary wireless facilities may be placed and operated within the city without a temporary use permit only when a duly authorized federal, state, county or city official declares an emergency within a region that includes the city in whole or in part. Any temporary wireless facilities placed pursuant to this subsection (B) must be removed within five days after the date the emergency is lifted. Any person or entity that places temporary wireless facilities pursuant to this section must send a written notice that identifies the site location and person responsible for its operation to the director as soon as reasonably practicable. [Ord. 17-11 § 3 (Exh. 1)].

Any nonconforming wireless facilities in existence at the time this chapter becomes effective must be brought into conformance with this chapter in accordance with the amortization schedule in this section. As used in this section, the “fair market value” will be the construction costs listed on the building permit application for the subject wireless facility and the “minimum years” allowed will be measured from the date on which this chapter becomes effective.

The director may grant a written extension to a date certain when the wireless facility owner shows (A) a good faith effort to cure nonconformance; (B) the application of this section would violate applicable laws; or (C) extreme economic hardship would result from strict compliance with the amortization schedule. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The director may not grant any permanent exemption from this section.

Nothing in this section is intended to limit any permit term to less than 10 years. In the event that the amortization required in this section would reduce the permit term to less than 10 years for any permit granted on or after September 29, 2006, then the minimum years allowed will be automatically extended by the difference between 10 years and the number of years since the city granted such permit. Nothing in this section is intended or may be applied to prohibit any collocation or modification covered under 47 U.S.C. Section 1455(a) on the basis that the subject wireless facility is a legal nonconforming wireless facility. [Ord. 17-11 § 3 (Exh. 1)].

A. Removal Procedures for Abandoned or Discontinued Wireless Facilities.

1. To promote the public health, safety and welfare, the director may declare a facility abandoned or discontinued when:

a. The permittee notifies the director that it abandoned or discontinued the use of a facility for a continuous period of 90 calendar days; or

b. The permittee fails to respond within 30 calendar days to a written notice sent by certified U.S. mail, return receipt requested, from the director that states the basis for the director’s belief that the facility has been abandoned or discontinued for a continuous period of 90 calendar days; or

c. The permit expires in the case where the permittee has failed to file a timely application for renewal.

2. After the director declares a facility abandoned or discontinued, the permittee shall have 90 calendar days from the date of the declaration (or longer time as the director may approve in writing as reasonably necessary) to:

a. Reactivate the use of the abandoned or discontinued facility subject to the provisions of this chapter and all conditions of approval;

b. Transfer its rights to use the facility, subject to the provisions of this chapter and all conditions of approval, to another person or entity that immediately commences use of the abandoned or discontinued facility; or

c. Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes consistent with the then-existing surrounding area.

3. If the permittee fails to act as required in subsection (A)(2) of this section within the prescribed time period, the city council may deem the facility abandoned at a noticed public meeting. The director shall send written notice by certified U.S. mail, return receipt requested, to the last-known permittee or real property owner that provides 30 calendar days (or longer time as the director may approve in writing as reasonably necessary) from the notice date to:

a. Reactivate the use of the abandoned or discontinued facility subject to the provisions of this chapter and all conditions of approval;

b. Transfer its rights to use the facility, subject to the provisions of this chapter and all conditions of approval, to another person or entity that immediately commences use of the abandoned or discontinued facility; or

c. Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area.

4. If the permittee fails to act as required in subsection (A)(3) of this section within the prescribed time period, the city may remove the abandoned facility, restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. The city may, but shall not be obligated to, store the removed facility or any part thereof, and may use, sell or otherwise dispose of it in any manner the city deems appropriate. The last-known permittee or its successor-in-interest and, if on private property, the real property owner shall be jointly liable for all costs incurred by the city in connection with its removal, restoration, repair and storage, and shall promptly reimburse the city upon receipt of a written demand, including any interest on the balance owing at the maximum lawful rate. The city may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. Until the costs are paid in full, a lien shall be placed on the facility, all related personal property in connection with the facility and, if applicable, the real private property on which the facility was located for the full amount of all costs for removal, restoration, repair and storage. The city clerk shall cause the lien to be recorded with the county of Contra Costa recorder’s office. Within 60 calendar days after the lien amount is fully satisfied including costs and interest, the city clerk shall cause the lien to be released with the county of Contra Costa recorder’s office.

B.  Procedures for Wireless Facilities in the Public Rights-of-Way. In accordance with CMC 12.15.190(d) (Relocation or removal of encroachment), the superintendent of streets may require a permittee, at the permittee’s sole expense, to relocate a facility in the rights-of-way as the city deems necessary to maintain or reconfigure the rights-of-way for other public projects or take any actions necessary to protect public health, safety or welfare. [Ord. 17-11 § 3 (Exh. 1)].

A. Background. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, codified as 47 U.S.C. Section 1455(a) (“Section 6409”), generally requires that state and local governments “may not deny, and shall approve” requests to collocate, remove or replace transmission equipment at an existing tower or base station. Federal Communication Commission (“FCC”) regulations interpret this statute and establish procedural rules for local review, which generally preempt certain subjective land-use regulations, limit permit application content requirements and provide the applicant with a potential “deemed-granted” remedy when the state or local government fails to approve or deny the request within 60 calendar days after submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified as 47 U.S.C. Section 332, applies to only “personal wireless service facilities” (e.g., cellular telephone towers and equipment), Section 6409 applies to all “wireless” facilities licensed or authorized by the FCC (e.g., cellular, Wi-Fi, satellite, microwave backhaul, etc.).

B. Findings. The city council finds that the overlap between wireless deployments covered under Section 6409 and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless facilities deployment and carefully planned community development in accordance with local values. The city council further finds that a separate permit application and review process specifically designed for compliance with Section 6409 contained in a chapter devoted to Section 6409 will mitigate such potential confusion, streamline local review and preserve the city’s land-use authority to maximum extent possible.

C. Legislative Intent. The city of Concord intends this chapter to establish reasonable and uniform standards and procedures in a manner that protects and promotes the public health, safety and welfare, consistent with and subject to federal and California State law, for wireless facilities collocations and modifications pursuant to Section 6409, and related FCC regulations codified in 47 C.F.R. Section 1.40001 et seq. as may be amended or superseded in the future. This chapter is not intended to, nor shall it be interpreted or applied to:

1. Prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services;

2. Prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management;

3. Unreasonably discriminate among providers of functionally equivalent services;

4. Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions;

5. Prohibit any collocation or modification that the city may not deny under federal or California State law;

6. Impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or

7. Otherwise authorize the city to preempt any applicable federal or California State law. [Ord. 17-11 § 3 (Exh. 2)].

The abbreviations, phrases, terms and words used in this chapter will have the meanings assigned to them in this section or, as may be appropriate, in Chapter 18.20 CDC, Article II (Definitions), as may be amended from time to time, unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 47 U.S.C. Section 702, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this chapter conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.

“Base station” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. Section 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in 47 C.F.R. Sections 1.40001(b)(1)(i) and (ii) that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in 47 C.F.R. Sections 1.40001(b)(1)(i) and (ii).

“Collocation” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC’s definition effectively means “to add” and does not necessarily refer to more than one wireless facility installed at a single site.

“CPCN” means a “certificate of public convenience and necessity” granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code Section 1001 et seq., as may be amended.

“CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.

“Director” means the community and economic development director or the community and economic development director’s designee.

“Eligible facilities request” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.

“Eligible support structure” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which defines that term as any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the state or local government under this definition.

“Existing” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC’s Section 6409 regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

“FCC” means the Federal Communications Commission or its duly appointed successor agency.

“RF” means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range.

“Section 6409” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended.

“Site” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

“Substantial change” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). For clarity, this definition organizes the FCC’s criteria and thresholds for a substantial change according to the wireless facility type and location.

1. For towers outside the public rights-of-way, a substantial change occurs when:

a. The proposed collocation or modification increases the overall height more than 10 percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or

b. The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or

c. The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or

d. The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

2. For towers in the public rights-of-way and for all base stations, a substantial change occurs when:

a. The proposed collocation or modification increases the overall height more than 10 percent or 10 feet (whichever is greater); or

b. The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or

c. The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or

d. The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10 percent larger in height or volume than any existing ground-mounted equipment cabinets; or

e. The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

3. In addition, for all towers and base stations wherever located, a substantial change occurs when:

a. The proposed collocation or modification would defeat the existing concealment elements of the support structure as reasonably determined by the director; or

b. The proposed collocation or modification violates a prior condition of approval; provided, however, that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this definition.

“Tower” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles, monotrees and lattice towers.

“Transmission equipment” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

“Wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

“Wireless communication facility” or “wireless facility” means the collective or combined equipment, network components or eligible support structures that are necessary or integral in providing personal wireless services, including but not limited to antennas, transmission equipment, towers, and base stations, or as otherwise defined by state or federal law and regulations. [Ord. 17-11 § 3 (Exh. 2)].

This chapter applies to all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409. Even if the proposed project would otherwise require an administrative permit or a minor use permit, requests submitted for approval pursuant to Section 6409 must be first reviewed under this chapter. If the approval authority finds that the project qualifies for approval under Section 6409, then no administrative permit or minor use permit will be required. However, the applicant may voluntarily elect to seek an administrative permit or a minor use permit under Chapter 18.205 CDC either in lieu of a Section 6409 approval or after the approval authority finds that an application does not qualify for approval pursuant to Section 6409. [Ord. 17-11 § 3 (Exh. 2)].

A. Section 6409 Approval. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted with a written request for approval under Section 6409 shall require an amendment to the underlying use permit for the tower or base station (each amendment a “Section 6409 approval”) subject to the director’s approval, conditional approval or denial without prejudice pursuant to the standards and procedures contained in this chapter.

B. Other Permits and Regulatory Approvals. No collocation or modification approved pursuant to this chapter may occur unless the applicant also obtains all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which include without limitation building permits, encroachment permits, electrical permits and any other permits and/or regulatory approvals issued by other departments or divisions within the city. Furthermore, any Section 6409 approval granted under this chapter shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or regulatory approvals. [Ord. 17-11 § 3 (Exh. 2)].

A. Application Required. The director shall not approve any request for a collocation or modification submitted for approval pursuant to Section 6409 except upon a duly filed application consistent with this section and any other written rules the city or the director may establish from time to time in any publicly stated format.

B. Application Content. All applications for a Section 6409 approval must include all the content, information and materials required by the director for the application. The city council authorizes the director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the director finds necessary, appropriate or useful for processing requests for Section 6409 approvals. The city council further authorizes the director to establish other reasonable rules and regulations, which may include without limitation regular hours for appointments with applicants, as the director deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide applicants with prior notice.

C. Procedures for a Duly Filed Application. Any application for a Section 6409 approval will not be considered duly filed unless submitted in accordance with the procedures in this subsection (C).

1. Pre-Submittal Conference. Before application submittal, the applicant must schedule and attend a pre-submittal conference with the director for all proposed collocations or modifications to any concealed, camouflaged or stealth wireless tower or base station or on structures in the public right-of-way. Pre-submittal conferences for all other proposed collocations or modifications are strongly encouraged but not required. The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, including whether the project qualifies for approval pursuant to Section 6409 or not; any latent issues in connection with the existing wireless tower or base station, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other city departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that city staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The city may require a fee or deposit to reimburse the city for its reasonable costs to provide the services rendered in the pre-submittal conference. The director may, in the director’s discretion, grant a written exemption to the submittal appointment under subsection (C)(2) of this section and/or for a specific requirement for a complete application to any applicant who (a) schedules, attends and fully participates in any pre-submittal conference and (b) shows to the director’s satisfaction that such specific requirement duplicates information already provided in other materials to be submitted or is otherwise unnecessary to the city’s review under facts and circumstances in that particular case. Any written exemption will be limited to the project discussed at the pre-submittal conference and will not be extended to any other project.

2. Submittal Appointment. All applications must be submitted in person to the city at a pre-scheduled appointment with the director. Applicants may generally submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The director may develop alternative rules that allow multiple (i.e., “batched”) applications to be submitted at the same time. Any application received without an appointment or the required application fee, whether delivered in person, by mail or through any other means, will not be considered duly filed unless the applicant received a written exemption from the director at a pre-submittal conference.

3. Appointment Scheduling Procedures. For any event in the submittal process that requires an appointment, applicants must submit a written request (such as an email) to the director. The director shall use reasonable efforts to provide applicants with an appointment within not more than 15 working days after a written request is received and, if applicable, confirm that the applicant complied with the pre-submittal conference requirement.

D. Applications Deemed Withdrawn. To promote efficient review and timely decisions, and consistent with CDC 18.405.040, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the director within 180 calendar days after the director deems the application incomplete in a written notice to the applicant. The director may, in the director’s discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the one-hundred-eightieth day that shows good cause to grant the extension. Delays due to circumstances outside the applicant’s reasonable control will be considered good cause to grant the extension. [Ord. 17-11 § 3 (Exh. 2)].

A. Public Notice – Administrative Review. The director shall administratively review a complete and duly filed application for a Section 6409 approval and may act on such application without a public hearing not less than 10 calendar days after the applicant posts notice at the project site. The posted notice must contain (1) a general explanation of the proposed collocation or modification; (2) the applicant’s identification and contact information as provided on the application submitted to the city; (3) contact information for the approval authority; and (4) a statement substantially similar to “Federal Communications Commission regulations may deem this application granted by the operation of law unless the city approves or denies the application within 60 calendar days from the filing date, or the city and applicant reach a mutual tolling agreement.”

B. Decision Notices. Within five working days after the director acts on an application for a Section 6409 approval or before the FCC shot clock expires (whichever occurs first), the director shall send a written notice to the applicant. In the event that the director denies the application, the written notice to the applicant must contain (1) the reasons for the decision; (2) a statement that the denial will be without prejudice; and (3) instructions for how and when to file an appeal.

C. Required Findings for Approval. The director may approve or conditionally approve any application for a Section 6409 approval when the director finds that the proposed project:

1. Involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and

2. Does not substantially change the physical dimensions of the existing wireless tower or base station.

D. Criteria for Denial Without Prejudice. Notwithstanding any other provision in this chapter, and consistent with all applicable federal laws and regulations, the director may deny without prejudice any application for a Section 6409 approval when the director finds that the proposed project:

1. Does not meet the findings required in subsection (C) of this section;

2. Involves the replacement of the entire support structure; or

3. Violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health and safety, which includes without limitation laws, regulations, rules, standards or permit conditions related to building and electric codes, aviation safety and flood control.

E. Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this chapter is intended to limit the director’s authority to conditionally approve an application for a Section 6409 approval to protect and promote the public health and safety.

F. Appeals. Any applicant may appeal the director’s written decision to deny without prejudice an application for Section 6409 approval. The written appeal together with any applicable appeal fee must be tendered to the city within 10 calendar days from the director’s written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The city manager shall be the appellate authority for all appeals from the director’s written decision to deny without prejudice an application for Section 6409 approval. The city manager shall review the application de novo; provided, however, that the city manager’s decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this chapter and any other applicable laws. The city manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals. [Ord. 17-11 § 3 (Exh. 2)].

In addition to all other conditions adopted by the approval authority, all Section 6409 approvals, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The director (or the city manager in the city manager’s capacity as the appellate authority) shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this chapter.

A. Permit Term. The city’s grant or grant by operation of law of a Section 6409 approval constitutes a federally mandated modification to the underlying permit or other prior regulatory authorization for the subject wireless tower or base station, and will be regarded as a modification to the underlying approval for the subject wireless tower or base station. The city’s grant or grant by operation of law of a Section 6409 approval will not extend the permit term, if any, for any underlying permit or underlying prior regulatory authorization. Accordingly, the term for a Section 6409 approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station. This condition shall not be applied or interpreted in any way that would cause the term of the underlying permit for the modified facility to be less than 10 years in total length.

B. Compliance Obligations Due to Invalidation. In the event that any court of competent jurisdiction invalidates all or any portion of Section 6409 or any FCC rule that interprets Section 6409 such that federal law would not mandate approval for any Section 6409 approval(s), such approval(s) shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved Section 6409 approvals or the director grants an extension upon written request from the permittee that shows good cause for the extension, which includes without limitation extreme financial hardship. Notwithstanding anything in the previous sentence to the contrary, the director may not grant a permanent exemption or indefinite extension. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409 approval when it has obtained the applicable permit(s) or submitted an application for such permit(s) before the one-year period ends.

C. City’s Standing Reserved. The city’s grant or grant by operation of law of a Section 6409 approval does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409, any FCC rules that interpret Section 6409 or any Section 6409 approval.

D. Strict Compliance with Approved Plans. Before the permittee submits any applications to the building division, the permittee must incorporate this Section 6409 approval, all conditions associated with this Section 6409 approval and the approved photo simulations into the project plans (the “approved plans”). The permittee must construct, install and operate the wireless facility in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the director’s prior review and approval, who may revoke the Section 6409 approval if the director finds that the requested alteration, modification or other change may cause a substantial change as that term is defined by the FCC in 47 C.F.R. Section 1.40001(b)(7), as may be amended.

E. Build-Out Period. This Section 6409 approval will automatically expire one year from the approval or deemed-granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which include without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The director may grant one written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 calendar days prior to the automatic expiration date in this condition.

F. Maintenance Obligations – Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved plans and all conditions in this Section 6409 approval. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the city, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. Each year after the permittee installs the wireless facility, the permittee shall submit a written report to the director, in a form acceptable to the director, that documents the then-current site condition.

G. Property Maintenance. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved plans are maintained in a manner that is not detrimental or injurious to the public health, safety, and general welfare and that the aesthetic appearance is continuously preserved, and substantially the same as shown in the approved plans at all times relevant to this permit. The permittee further acknowledges that failure to maintain compliance with this condition may result in a code enforcement action.

H. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this Section 6409 approval. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all laws. In the event that the city fails to timely notice, prompt or enforce compliance with any applicable provision in the Concord Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Concord Municipal Code, any permit, any permit condition or any applicable law or regulation.

I. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. Impacts of radio frequency emissions on the environment, to the extent that such emissions are compliant with all applicable laws, are not “adverse impacts” for the purposes of this condition. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction hours authorized by the Concord Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the city. The director or the director’s designee may issue a stop work order for any activities that violate this condition.

J. Inspections – Emergencies. The permittee expressly acknowledges and agrees that the city’s officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the city’s officers, officials, staff or other designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the city’s officers, officials, staff or other designee while any such inspection or emergency access occurs.

K. Permittee’s Contact Information. The permittee shall furnish the planning division with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes without limitation such person’s full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the director with updated contact information in the event that either the responsible person or such person’s contact information changes.

L. Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials, employees and volunteers from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings (“claims”) brought against the city or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the city’s approval of this Section 6409 approval, and (2) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’, or customers’ acts or omissions in connection with this Section 6409 approval or the wireless facility. In the event the city becomes aware of any claims, the city will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the city to approve this Section 6409 approval, and that such indemnification obligations will survive the expiration or revocation of this Section 6409 approval.

M. Performance Bond. Before the building division issues any construction permit in connection with this Section 6409 approval, the permittee shall post a performance bond from a surety and in a form acceptable to the director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which include without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code Section 65964(a), the director shall take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable laws.

N. Recall to the Approval Authority – Approval Revocation. The original approval authority may recall this Section 6409 approval for review at any time due to complaints about noncompliance with the applicable laws or any approval conditions attached to this Section 6409 approval. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this Section 6409 approval or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance.

O. Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which include without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies kept in the city’s regular files will control over any conflicts between such hard copies and the permittee’s electronic copies, and complete originals will control over all other copies in any form. [Ord. 17-11 § 3 (Exh. 2)].

It is the purpose of this chapter to regulate adult-oriented businesses to promote the health, safety, and general welfare of the community, to establish reasonable and uniform requirements to prevent any harmful location and concentration of adult-oriented businesses within the city, and to minimize or eliminate adverse secondary effects from such businesses. The intent of this chapter is not to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Nor is it the intent to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented materials to their intended market. This chapter neither condones nor legitimizes the distribution of obscene material or materials harmful to minors. [Ord. 12-4. DC 2012 § 122-726].

This chapter applies to adult-oriented businesses as defined in Chapter 18.20 CDC (General Terms). This chapter does not apply to a person or persons appearing in a state of nudity in an art class that is part of the regular educational program of a public or private junior college, college, or university. [Ord. 12-4. DC 2012 § 122-727].

A. Minimum Separation.

1. One thousand feet from any residential district or use.

2. One thousand feet from community centers, cultural institutions, child day care centers, libraries, public or private park and recreation facilities, public and private schools, and religious facilities.

3. Five hundred feet between two adult-oriented businesses.

B. The separations in CDC 18.210.030(A) shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the premises where the adult entertainment business is conducted to the nearest property line of such other use or zoning boundary.

C. If an adult-oriented business is separated from a use listed in CDC 18.210.030(A) by a freeway or waterway, and there is no path of travel between the two uses, the minimum separations are not applicable. [Ord. 12-4. DC 2012 § 122-728].

A. Hours of operation may be between 9:00 a.m. and 1:00 a.m. Monday through Saturday.

B. Displays or exhibits of photographs or illustrations of “specified sexual activities” or poses which emphasize “specified anatomical areas” that can be viewed from persons outside the building in which said material is placed are prohibited.

C. Admittance of persons under 18 years of age is prohibited unless accompanied by a parent or guardian. [Ord. 12-4. DC 2012 § 122-729].

A. Any person desiring to operate or establish an adult-oriented business shall file an application and fees for a use permit in accordance with the procedures contained in Chapter 18.435 CDC (Minor Use Permits and Use Permits).

B. The application shall be signed by the property owner and lessee. If the application is signed by a lessee, a notarized statement signed by the property owner shall accompany the application. [Ord. 12-4. DC 2012 § 122-730].

A. All use permit applications for adult-oriented businesses shall be referred to the police department for review and investigation.

B. Upon receipt of a completed application, the planning division shall consult with the building, police, fire, and health departments and arrange for an inspection of the premises.

C. After the investigation has been completed, the planning division shall schedule a public hearing with the planning commission pursuant to Chapter 18.500 CDC (Public Hearings).

D. The planning commission shall grant, conditionally grant, or deny the use permit. Any conditions imposed upon the use permit shall be in keeping with the applicable development standards of the Concord Municipal Code and the underlying zoning district in which the property is located. [Ord. 12-4. DC 2012 § 122-731].

A. The decision-making body shall deny the use permit for any of the following reasons:

1. The applicant is under 18 years of age.

2. The applicant or spouse is overdue on payment to the city of taxes, fees, fines, or penalties assessed against him or her, or imposed upon him or her in relation to an adult-oriented business.

3. The applicant is residing with a person who has been denied a use permit by the city to operate an adult-oriented business in the preceding 12 months or residing with a person whose use permit to operate an adult-oriented business has been revoked in the preceding 12 months.

4. The applicant has failed to provide information required by this chapter or the use permit application checklist or has falsely answered a question or request for information on the application.

5. The premises to be used for the adult-oriented business do not comply with health, fire, and building codes as determined by the agency responsible under the law for determining said compliance.

6. The proposed business is in violation of, or does not comply with, any of the provisions of this chapter, including but not limited to the separation requirements.

7. The granting of the use permit would violate a statute, ordinance, or court order.

8. The applicant has a use permit under this chapter which has been suspended or revoked.

9. The applicant has been convicted of a “specified criminal act” for which:

a. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is a misdemeanor offense for the “specified criminal act.”

b. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is a felony offense for the “specified criminal act.”

c. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are for two or more misdemeanors for the “specified criminal acts” occurring within any 24-month period.

d. The fact that conviction is being appealed shall have no effect on disqualification of the applicant.

B. No new use permit application shall be filed for a particular location within a period of 12 months from the date of denial of a previous application at the same location, unless there has been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial. [Ord. 12-4. DC 2012 § 122-732].

A. An applicant or permittee shall allow representatives of the city, county health department, and the fire district to inspect the premises of an adult-oriented business to ensure compliance with the law at any time it is occupied or open for business.

B. Regardless of whether a permit has been issued for such business, it shall be unlawful for the business owner or his agent or employee to refuse such inspection of the premises at any time that it is occupied or open for business. [Ord. 12-4. DC 2012 § 122-733].

A. The city manager, or designee, shall suspend a use permit for a period not to exceed 30 days if it is determined that a business owner, his agent, or employee has done any of the following:

1. Violated or did not comply with any requirements of this chapter.

2. Refused to allow an inspection of the premises as authorized by CDC 18.210.080(B).

3. Knowingly permitted gambling by any person on the premises.

4. Operated the adult-oriented business in violation of a building, fire, health, or zoning statute, code, ordinance, or regulation, as determined based on an investigation by the division, department, or agency charged with enforcement. In the event of such violation, the city or its designee shall promptly notify the permittee of the violation and allow the permittee seven days to correct the violation. If the permittee fails to correct the violation at the end of seven days, the city manager, or designee, shall suspend the use permit.

5. Engaged in permit transfer contrary to CDC 18.210.120.

B. The suspension shall remain in effect until the violation of the statute, code, ordinance, or regulation in question has been corrected as verified by the division, department, or agency charged with enforcement. [Ord. 12-4. DC 2012 § 122-734].

A. The planning commission shall revoke a use permit if a cause of suspension in CDC 18.210.090 occurs and the use permit has been suspended within the preceding 12 months.

B. The planning commission shall revoke a use permit upon determining that:

1. A permittee gave false or misleading information in the material submitted during the application process that was used as a basis for the approval of the use permit; or

2. A permittee or an employee knowingly allowed possession, use, or sale of controlled substances on the premises; or

3. A permittee or an employee knowingly allowed prostitution on the premises; or

4. A permittee or an employee knowingly operated the adult-oriented business during a period of time when the use permit was suspended; or

5. A permittee has been convicted of a “specified criminal act” for which the time periods in CDC 18.210.070(A)(9) have not elapsed; or

6. On two or more occasions within a 12-month period, a person or persons in or on the premises committed an offense constituting a “specified criminal act” for which a conviction was obtained, and the person or persons were employees of the adult-oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the use permit; or

7. A permittee is convicted of tax violations related to an adult-oriented business; or

8. A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other “specified sexual activities” to occur in or on the premises; or

9. A permittee is operating more than one adult-oriented business under a single roof.

C. When the city revokes a use permit, the permittee shall not be issued an adult-oriented business permit for one year from the date revocation became effective. If, after at least 90 days from the date of revocation have elapsed and the city finds that the basis for revocation has been corrected, the applicant may be granted a use permit. [Ord. 12-4. DC 2012 § 122-735].

A. Any interested person may appeal the planning commission decision to grant or deny a use permit to the city council as provided in Chapter 18.510 CDC (Appeals and Calls for Review).

B. Following denial of a renewal, suspension, or revocation of a use permit, the applicant or permittee may appeal the decision of the planning commission to the city council as provided in Chapter 18.510 CDC (Appeals and Calls for Review).

C. Notice of the city council’s decision and its findings shall be mailed to the applicant and/or permittee, and the notice shall include a citation to the Code of Civil Procedure Section 1094.8.

D. The timing for a court challenge to a decision by the city council is governed by Code of Civil Procedure Section 1094.8. [Ord. 12-4. DC 2012 § 122-736].

A. A permittee shall not operate an adult-oriented business under the authority of a use permit at any place other than the address and county assessor’s parcel number designated in the use permit application.

B. A permittee shall not transfer the use permit to another person unless and until the other person satisfies the following requirements:

1. Obtains a use permit amendment which provides that he is now the permittee; and

2. Pays a transfer fee of 20 percent of the annual permit fee.

C. No use permit may be transferred when the city has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

D. Any attempt to transfer a use permit either directly or indirectly in violation of this section is hereby declared void and the use permit shall be deemed revoked. [Ord. 12-4. DC 2012 § 122-737].

Any use permit approved pursuant to this chapter shall become null and void unless the proposed use is established within six months from the date of approval by the decision-making body or if the use ceases for a period of one year at any time after its establishment. [Ord. 12-4. DC 2012 § 122-738].

In addition to whatever penalties are applicable under the California Penal Code, if any person faces or refuses to comply with or violates any of the provisions of this chapter, such person shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed six months, or both. Each violation or noncompliance and each day of continued violation or noncompliance shall be considered a separate offense. Nothing herein shall prevent or restrict the city from taking other lawful action as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but not be limited to, an equitable action of injunctive relief or an action at law for damages. All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue all remedies set forth in this section to the full extent allowed by law. [Ord. 12-4. DC 2012 § 122-739].

Within two years after the effective date of the ordinance codified in this title, all adult-oriented businesses made nonconforming by reason of these provisions shall be discontinued or brought into full conformance with these provisions, except that such activities may be allowed to continue for an additional period not exceeding two years from such effective date, upon the granting of a use permit based on a finding that the activity is obligated by written lease entered into before the effective date of the ordinance codified in this title for a period, or that the activity involves investment of money in leasehold or improvements of such a magnitude that a longer period is necessary to prevent undue financial hardship. [Ord. 12-4. DC 2012 § 122-740].

An adult-oriented business use permit holder shall pay an annual fee in an amount set forth in the resolution establishing fees and charges for various municipal services. [Ord. 12-4. DC 2012 § 122-741].