Chapter 18.152
OBJECTIVE DESIGN STANDARDS
Sections:
18.152.010 Purpose and intent.
18.152.030 Relationship to other standards and requirements.
18.152.050 Review and decision procedure.
18.152.060 Post-decision procedures.
18.152.010 Purpose and intent.
This chapter is intended to establish and apply objective design standards to all new residential and mixed-use development projects within the city of Concord where state law limits the city’s enforcement of design standards to objective standards or where state law or the Concord Municipal Code requires a ministerial approval process, with the exception of those projects described in CDC 18.152.040. The purpose of this chapter is to:
A. Create high-quality, enforceable objective design standards.
B. Streamline the review and approval process for qualifying residential and mixed-use projects.
C. Ensure greater certainty for applicants, decision makers, residents, and the public.
D. Enhance the existing character and to maintain compatibility with other established uses within the city as new development and property improvements occur.
E. Continue to ensure the highest level of design quality while allowing for appropriate flexibility to create variation.
F. Create objective design standards that involve no personal or subjective judgment, verifiable by reference to an external and uniform benchmark or criterion.
G. Facilitate the implementation of the general plan.
H. Update standards on a timely basis to respond to new legislative actions. [Ord. 23-6 § 9 (Exh. A)].
18.152.020 Applicability.
A. The provisions of this chapter shall apply to all new residential and mixed-use development projects where state law limits the city’s enforcement of design standards to objective standards or where state law or the city code requires a ministerial approval process.
B. The 2023 City of Concord Objective Design Standards are hereby adopted and incorporated by reference herein. [Ord. 23-6 § 9 (Exh. A)].
18.152.030 Relationship to other standards and requirements.
The city intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for housing development within the city’s territorial boundaries, consistent with and to the extent permitted under federal and California State law. The standards and procedures contained in this chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, comprehensive housing development with the city’s local values, which include, without limitation, the aesthetic character of the city, its neighborhoods and community.
The provisions of this chapter are intended to supersede other chapters and design guidelines, except where noted below.
A. Standards for Applicable Zoning District. The 2023 Objective Design Standards supplement and are in addition to the development standards for the applicable zoning district in which a proposed project is located.
B. Subdivision Regulations. CMC Title 17 establishes regulations for the subdivision of land. Where conflict exists between the 2023 Objective Design Standards and the provisions of CMC Title 17, the provisions of CMC Title 17 shall govern.
C. Relation to Other Regulations. Where a conflict occurs between the requirements of the 2023 Objective Design Standards and other city requirements, the more restrictive provisions shall apply.
D. The 2023 Objective Design Standards provide language, diagrams, sketches, and graphics to assist developers and the public in understanding the standards and how they shall be applied to qualifying residential projects. [Ord. 23-6 § 9 (Exh. A)].
18.152.040 Exceptions.
A. Projects seeking to deviate or to not comply with the objective design standards are required to comply with Chapter 18.415 CDC, Design and Site Review.
B. Exempt Housing Projects. The provisions of this chapter are not applicable to:
1. Small lot subdivisions pursuant to Chapter 18.155 CDC.
2. Single-family detached homes as part of a major subdivision.
3. Accessory dwelling units as defined in CDC 18.200.180.
4. Renovations, additions, or expansions of existing residential buildings.
5. Mixed-use projects with less than two-thirds of the building square footage dedicated to housing.
6. Housing developed within the Concord Naval Weapons Station, which will have its own set of objective design standards developed as a part of the Concord Reuse Project Specific Plan. [Ord. 23-6 § 9 (Exh. A)].
18.152.050 Review and decision procedure.
A. The planning division shall be the review authority for projects subject to the objective design standards.
B. The developer shall submit all materials required by the planning division, including any materials required by checklists created pursuant to Chapter 18.405 CDC.
C. The review authority shall evaluate the application based on the project’s conformance with the objective development and design standards.
D. In approving a project subject to objective design standards, the planning division may impose conditions of approval as deemed necessary to:
1. Ensure that the proposal conforms to the general plan and other applicable plans or policies adopted by the city council;
2. Ensure that the proposal meets the requirements of the zoning district where the proposal is located, as well as any other applicable provisions of the Development Code; and
3. Comply with the objective design standards as adopted within this chapter.
E. Residential projects utilizing objective design standards are evaluated under a ministerial review process for conformance with this section. The review authority may restrict or deny a proposed residential design if it determines that the design is not consistent with the objective design standards. In this case, the project shall proceed through the design and site review process, consistent with Chapter 18.415 CDC. [Ord. 23-6 § 9 (Exh. A)].
18.152.060 Post-decision procedures.
The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for an objective design standards review. To the extent any state law limits the total number of public hearings that may be held on a project, including appeals, the zoning administrator shall have the discretion, in addition to that already provided for within CDC 18.510.010, to refer the appeal directly to the council for a decision. [Ord. 23-6 § 9 (Exh. A)].