Chapter 18.45
DOWNTOWN DISTRICTS (DP, DMX, AND WMX)

Sections:

18.45.010    Purpose.

18.45.020    Table 18.45.020 – Downtown districts – Allowed uses and permit requirements.

18.45.030    Table 18.45.030 – Downtown districts – Development standards.

18.45.010 Purpose.

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

A. DP – Downtown Pedestrian. The DP district is applied to the 10-block downtown area surrounding Todos Santos Plaza and the blocks connecting the plaza and the Concord BART station for pedestrian-oriented commercial uses, residential and mid-rise vertical mixed-use development with a minimum FAR of 1.0 up to 4.0 FAR, and residential densities of 33 to 100 units per net area. The DP district requires pedestrian-oriented uses at ground level with retail and related personal services, and restaurant uses permitted at storefronts facing the plaza. Office, commercial services, multifamily residential, and other service-oriented uses are also permitted on upper floors. Development should reflect high quality architectural design and amenities that promote and support active pedestrian use. The DP district is consistent with and implements the downtown pedestrian (DTPD) land use designation of the general plan.

B. DMX – Downtown Mixed-Use. The DMX district is applied to downtown areas appropriate for a cohesive mix of high density residential, commercial and office, and mixed uses, including hotels with a minimum FAR of 1.0 up to 6.0 FAR, and residential densities of 33 to 100 units per net acre. Well-designed vertical mixed-use within a single building is encouraged with retail at ground level and office and multifamily residential on upper floors. Single uses and horizontal mixed-use with retail, office, and residential uses located in separate buildings but within a single development may also occur. The DMX district is consistent with and implements the downtown mixed-use (DTMU) land use designation of the general plan.

C. WMX – West Concord Mixed-Use. The WMX district is applied to the area west of downtown, along Concord Avenue and the Walnut Creek Channel, and adjoining areas of the city appropriate for a mix of schools, commercial, office, retail, multi-tenant office/warehouses, and institutional development at up to 4.0 FAR. The WMX district allows new automobile dealers, shopping centers, hotels, restaurants, office buildings and multi-tenant commercial spaces, including contractor showrooms and storage uses when located entirely within a building and public/quasi-public uses. The WMX district does not allow residential uses. The WMX district is consistent with and implements the West Concord mixed-use (WCMU) land use designation of the general plan. [Ord. 21-3 § 8 (Exh. A); Ord. 17-11 § 3 (Exh. 6); Ord. 16-5 § 1 (Exh. B); Ord. 16-425.2 § 1 (Exh. B); Ord. 14-3 § 1; Ord. 12-4. DC 2012 § 122-153].

18.45.020 Table 18.45.020 – Downtown districts – Allowed uses and permit requirements.

A. Applicability. Table 18.45.020 identifies the uses allowed by the development code in each downtown zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

 

Table 18.45.020

Downtown Districts 

Allowed Uses and Permit Requirements

ZC = Permitted Use, Zoning Clearance

AP = Administrative Permit Required

MP = Minor Use Permit Required

UP = Use Permit Required

6409 = Section 6409 Application

– = Use Not Allowed

Land Use Classifications

Permit Required by District

Additional Requirements

DP

DMX

WMX

Office, Commercial, and Retail Uses

Adult Day Care Center

–

AP(6)

–

 

Adult-Oriented Business

–

–

–

Chapter 18.210 CDC, Adult-Oriented Businesses

Animal Services

Boarding, Kennel

–

AP

UP

 

Dog Day Care, Training

–

AP

ZC

 

Grooming

ZC

ZC

ZC

 

Hospital, Veterinary Clinic

–

ZC

ZC

 

Antique, Collectible Store

ZC

ZC

ZC

 

Automobile Sales and Rental/Leasing

Auction

–

–

–

 

Brokers, Office Only

ZC(1)

ZC(1)

ZC

 

Brokers, Office with Vehicle Display

–

–

ZC

 

Dealership, New

–

–

ZC

 

Dealership, Used

–

–

–

 

Dealership, Motorcycles

–

–

ZC

 

Rental

–

–

AP

 

Automobile Services and Repair

Car Wash, Attended

–

–

UP

CDC 18.200.090, Gas stations and car washes

Car Wash, Unattended

–

–

–

CDC 18.200.090, Gas stations and car washes

Gas Station

–

–

UP

CDC 18.200.090, Gas stations and car washes

Maintenance Services

–

–

ZC

 

Major Repair/Body Work

–

–

–

 

Minor Repair

–

–

ZC

 

Banks and Financial Services

Bank, Credit Union

AP(3)

ZC

ZC

 

Bank with Drive-Through Service

–

–

UP

CDC 18.200.060, Drive-through facilities

Check Cashing Business

–

–

–

 

Building Materials Sales and Services

No Outdoor Storage

–

–

ZC

 

With Outdoor Storage

–

–

UP

CDC 18.200.160, Outdoor sales and displays

Business Support Services

ZC(1)

ZC

ZC

 

Catering Service

ZC(1)

ZC

ZC

 

Eating and Drinking Establishments

Bar, Night Club, Lounge

AP

AP

AP

CDC 18.200.080, Entertainment uses

Food Vendor Group Site

–

MP

MP

CDC 18.200.210, Food vendor group sites

Micro-Brewery/Distillery

MP

MP

MP

CDC 18.200.040, Alcoholic beverage sales

Micro-Brewery/Distillery, Large(7)

UP

UP

UP

CDC 18.200.040, Alcoholic beverage sales

Restaurant, Full Service

ZC

ZC

ZC

 

Restaurant, Limited Service

ZC

ZC

ZC

 

Restaurant, with Drive-Through

–

–

UP

CDC 18.200.060, Drive-through facilities

Restaurant, with Live Entertainment

AP

AP

UP

CDC 18.200.080, Entertainment uses

Tasting Room

AP

AP

AP

CDC 18.200.040, Alcoholic beverage sales

Fitness Facility, Health Club

ZC(8)

ZC

ZC

 

Food, Beverage Sales

Convenience Store, no Alcohol Sales

ZC(8)

AP

ZC

CDC 18.200.220, Convenience stores

Convenience Store, with Alcohol Sales

–

–

UP

CDC 18.200.040, Alcoholic beverage sales

CDC 18.200.220, Convenience stores

Grocery Store

AP

AP

AP

 

Liquor Store

–

–

–

CDC 18.200.040, Alcoholic beverage sales

Hotel, Motel

UP

UP

UP

 

Maintenance Services

Office with No Outdoor Storage or Activities

–

–

ZC

 

Office with Outdoor Storage or Activities

–

–

–

 

Nursery, Preschool, Childcare

UP(1)

MP

AP

CDC 18.200.050, Child day care facilities

Offices

Administrative, Information Processing

ZC(8)

ZC

ZC

 

Professional

ZC(8)

ZC

ZC

 

Personal Services

General

AP(3)

ZC

ZC

 

Improvement, Instructional

ZC(8)

ZC

ZC

 

Restricted

–

–

UP

 

Repair Service, Appliance and Small Equipment

–

–

UP

 

Retail Sales

Big Box

–

UP

UP

 

General

ZC

ZC

ZC

 

Nursery, Garden Center

–

–

ZC

CDC 18.200.160, Outdoor sales and displays

Restricted

–

–

UP

 

With Drive-Through

–

–

UP

CDC 18.200.060, Drive-through facilities

Secondhand Sales

–

AP

AP

 

 

Business Park and Industrial Uses

Auto Wrecking, Dismantling Yards

–

–

–

 

Contractors, Special Trade

Cabinet Shop

–

–

ZC

 

Contractor Office, No Outdoor Storage

–

–

ZC

 

Contractor Yard, Outdoor Storage

–

–

–

 

Fleet-Based Service

–

–

UP

 

Freight and Truck Terminal

–

–

–

 

Heavy Vehicle and Large Equipment, Sales/Rental, Service and Repair

Commercial Vehicles and Equipment

–

–

–

 

Recreational Vehicle

–

–

–

 

Laboratory, Research, and Development

AP(1)

AP(1)

AP(1)

 

Manufacturing, Processing

Artisan/Custom Product

–

–

ZC

 

Industry, Heavy

–

–

–

 

Within a Building

–

–

–

 

With Outdoor Storage or Activities

–

–

–

 

Warehouse Show Room with Assembly and Sales

–

–

ZC

 

Media Production Facility

ZC

ZC

ZC

 

Storage

Hazardous Materials

–

–

–

 

Self-Storage Facility, Mini-Storage

–

–

–

 

Vehicle

–

–

–

 

Towing Service

–

–

–

 

Warehouse, with No Outdoor Storage

–

–

ZC

 

Warehouse, with Outdoor Storage

–

–

–

 

Wholesaling, Distribution

–

–

ZC

 

 

 

 

 

 

Residential Uses

Bed and Breakfast Inn

AP

AP

–

 

Dwelling, Dwelling Unit, Housing Unit

Single-Family, Detached

–

–

–

 

Single-Family, Detached – Small Lot Subdivision

–

–

–

 

Single-Family, Attached

–

–

–

 

Duplex

–

–

–

 

Multifamily

UP

UP

–

 

Family Day Care Home, Small

–

–

–

CDC 18.200.050, Child day care facilities

Family Day Care Home, Large

–

–

–

CDC 18.200.050, Child day care facilities

Group Housing

–

UP

–

 

Home-Based Business

ZC(6)

ZC(6)

–

CDC 18.200.100, Home-based businesses

Live/Work Unit

UP(1)

UP

–

CDC 18.200.110, Live/work or work/live units

Mixed-Use Projects

UP

UP

–-

 

Mobile Home Park

–

–

–

 

Residential Care Facility, Small

–

ZC

–

Allowed within a legally existing single-family residence.

Residential Care Facility, Large

–

UP

–

Allowed within a legally existing single-family residence.

Residential Facility for Seniors, Assisted Living

UP(6)

UP

–

 

Supportive Housing

ZC, UP(10)

ZC, UP(10)

ZC, UP(10)

California Government Code Section 65650 et seq.

Transitional Housing, Multifamily

UP

UP

–

 

Transitional Housing, Single-Family

–

–

–

 

Work/Live Unit

UP(1)

UP

–

CDC 18.200.110, Live/work or work/live units

 

Public/Quasi-Public and Recreational Uses

Airport

–

–

–

 

Ambulance Service

–

–

–

 

Cannabis Uses

Commercial Cultivation

–

–

–

 

Distribution (Type 11)

–

–

–

 

Distribution Transport Only (Type 13)

–

AP

AP

Only allowed if a city cannabis distributor transport only (Type 13) license has been approved by the chief of police, pursuant to Chapter 5.80 CMC in conjunction with a city cannabis storefront retailer license.

Indoor Personal Cannabis Cultivation

ZC

ZC

ZC

Up to six plants per residence, pursuant to state law

Industrial Hemp Cultivation

 

 

 

 

Manufacturing

–

–

–

 

Microbusiness

–

–

–

 

Non-Storefront Retail

–

–

–

 

Storefront Retail

–

AP

AP

Only allowed if a city cannabis storefront retailer license has been issued by the city, pursuant to Chapter 5.80 CMC.

Testing Laboratory

–

–

–

 

Cemetery, Columbarium, Mausoleum

–

–

–

 

Conference, Convention Facility

–

UP

UP

 

Cultural Institution

ZC

ZC

MP

 

Emergency and Homeless Shelter

–

–

–

CDC 18.200.070, Emergency shelter and homeless shelters

Low Barrier Navigation Center

ZC, UP(10)

ZC, UP(10)

ZC, UP(10)

California Government Code Section 65660 et seq.

Government Office

ZC(8)

ZC

ZC

 

Farmers’ Market

UP

UP

UP

 

Funeral Parlor, Mortuary

–

–

UP

 

Heliport

–

–

–

 

Library

ZC(1)

ZC

ZC

 

Medical

Hospital, Medical Center

–

–

–

 

Medical Services Facility

–

UP

AP

 

Nursing Facility/Extended Care

–

UP

–

 

Urgent Care Facility

–

–

AP

 

Meeting Facility, Public/Private

AP(1)

AP

AP

 

Military

–

–

–

 

Parking Facility

–

AP

AP

 

Public Maintenance and Service Facility

–

–

–

 

Recreational Facilities

Bingo Hall

–

–

UP

 

Commercial Recreation, Indoor

AP

AP

AP

 

Golf Course, Country Club

–

–

–

CDC 18.200.130, Mechanical and electronic games

Park and Recreation Facility

ZC

ZC

ZC

 

Residential Recreation Facility

–

–

–

 

Sports and Entertainment, Assembly

–

–

–

CDC 18.200.080, Entertainment uses

Sports and Recreation Facility

–

–

UP

CDC 18.200.130, Mechanical and electronic games

Recycling Facilities

Small Collection Facility

–

–

AP

CDC 18.200.170, Recycling facilities

Large Collection Facility

–

–

–

Processing Facility

–

–

–

Religious Facility

–

–

UP

 

Schools

Elementary, Middle, Secondary

UP(1, 9)

UP

UP

 

College, University

AP(1, 9)

AP

AP

 

Trade School, Vocational Training

AP(1, 9)

AP

AP

 

Social Services Facility

UP(1, 2)

MP/AP(4, 5)

AP

 

Theater, Auditorium

UP

UP

UP

CDC 18.200.130, Mechanical and electronic games

Utility Facility, Transmission Towers

–

–

–

 

Wireless Communications Facility

AP, MP or 6409

AP, MP or 6409

AP, MP or 6409

Chapters 18.205 and 18.207 CDC

 

Open Space and Agricultural Uses

Companion Animal, Horses, Fowl

–

–

–

 

Community Gardens

UP

UP

UP

 

Crop Production, Orchard, Vineyard

–

–

–

 

Livestock, Grazing

–

–

–

 

Mining and Quarrying

–

–

–

 

(1)    Not allowed on ground floor.

(2)    Allowed on upper floors subject to use permit approval.

(3)    “Personal Services, General” and “Bank, Credit Union” uses located on the ground floor shall not cumulatively occupy more than 20 percent of any street frontage properties directly facing Todos Santos Plaza.

(4)    Allowed on ground floor subject to a minor use permit approval.

(5)    Allowed on upper floors subject to an administrative permit approval.

(6)    Allowed with residential use only.

(7)    A facility which exceeds 3,000 square feet.

(8)    Not allowed on ground floor locations directly facing Todos Santos Plaza.

(9)    Not allowed on properties directly facing Todos Santos Plaza.

(10)    Use permit required for any facility that does not meet the requirements set forth in the referenced article of the California Government Code.

[Ord. 24-5 § 7 (Exh. E); Ord. 21-5 (Exh. C); Ord. 21-3 § 8 (Exh. A); Ord. 21-2 § 5 (Exh. F); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. E); Ord. 18-3 § 7 (Exh. A); Ord. 17-13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 6); Ord. 17-5 § 2 (Exh. I); Ord. 17-2 § 2 (Exh. G); Ord. 14-6 §§ 5, 6; Ord. 14-3 § 2; Ord. 12-5; Ord. 12-4. DC 2012 § 122-154].

18.45.030 Table 18.45.030 – Downtown districts – Development standards.

Subdivisions, new uses and structures, and alterations to existing uses and structures shall be designed, constructed, and established in compliance with the requirements specified in Table 18.45.030. Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

 

Table 18.45.030

Downtown Districts

Development Standards(1) 

Standards

DP(4)

DMX(4)

WMX

Additional Standards

Density (du/net acre) minimum/maximum

33 – 100 du/net acre

33 – 100 du/net acre

NA

 

Floor Area Ratio (FAR) minimum

0.75

1.00

–

 

Floor Area Ratio (FAR) maximum (4, 5)

4.0

6.0

4.0

 

Lot Area (square feet) minimum

5,000

10,000

25,000

Development on sites with less than the minimum lot size requires a use permit.

Lot Width (feet) minimum

Interior Lot

50

100

100

 

Corner Lot

60

110

110

 

Lot Depth (feet) minimum

100

100

100

 

Building Height (feet)

Minimum

30

30

–

 

Maximum

70

200

140(8)

In DMX, increased height may be allowed with a use permit.

Building Height – First floor minimum (feet, floor to floor height)(2)

15

15

–

 

Setbacks (feet) required minimum(3)

Front

0

10

10

 

Interior Side

0(7, 9)

0

10

CDC 18.150.180, Transitional requirements

Corner Side

0(9)

10

10

 

Rear

0(7, 9)

0

0

 

Front and Street Side Yard required maximum

10

–

–

 

Open Space/Unit (square feet) minimum

200

175

–

See CDC 18.150.100, Open space and recreational facilities for residential developments

(1)    See Division IV (General Development Standards) and Division V (Standards for Specific Uses) of this title for additional requirements. Lot area, width, depth and setback limits listed here may not apply if a site in DP or DMX is subdivided into individual multifamily fee simple/condominium units.

(2)    Nonresidential building height and setbacks shall be established specified by the permit, except when permit does not regulate a standard regulated by an abutting district, or if permit is not required, the regulations of abutting district shall apply to adjacent portion of the property.

(3)    Measured from property line to face of building or structure.

(4)    Standard does not apply to small, independent parcels corresponding to individual dwellings within a larger multifamily residential, mixed-use, or townhome development.

(5)    Parking structures are included within the FAR calculation, unless located below grade. For structures only partially above grade, the portion above ground level will be calculated towards the floor area ratio. Refer to the parking ordinance.

(6)    Projects outside of minimum and maximum FAR range may be allowed subject to use permit approval.

(7)    For residential uses five to 10 feet, with at least 50 percent of facade at 10 feet.

(8)    For residential uses, minimum of 10 feet.

(9)    Setback area shall be paved for public use if needed for a wider public sidewalk. Two of the five feet may be landscaped.

(10)    Corner lots adjacent to an R or NTS district, corner side yard shall be minimum 10 feet. Where side or rear lot line abuts a lot in an R or NTS district, the minimum side or rear yard shall be the same as required in abutting R or NTS district.

(11)    Height shall comply with Contra Costa County airport land use plan. See Chapter 18.100 CDC, Airport Overlay District (A).

[Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-155].