City of Concord Community Development Department - Downtown Districts (DP, DMX, WMX) Amendments Project Final Initial Study/Negative Declaration ...
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City of Concord
Community Development Department
Downtown Districts (DP, DMX, WMX)
Amendments Project
Final Initial Study/Negative Declaration
June 2021
Prepared by
1501 Sports Drive, Suite A, Sacramento, CA 95834
Downtown Districts (DP, DMX, WMX) Amendments Project
Final Initial Study/Negative Declaration
TABLE OF CONTENTS
A. BACKGROUND ..............................................................................................................2
B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ..........................................3
C. DETERMINATION...........................................................................................................4
D. BACKGROUND AND INTRODUCTION .........................................................................5
E. PROJECT DESCRIPTION ..............................................................................................5
F. ENVIRONMENTAL CHECKLIST ..................................................................................11
I. AESTHETICS. ...................................................................................................14
II. AGRICULTURE AND FOREST RESOURCES. .................................................16
III. AIR QUALITY. ...................................................................................................17
IV. BIOLOGICAL RESOURCES. .............................................................................19
V. CULTURAL RESOURCES. ...............................................................................21
VI. ENERGY. ..........................................................................................................22
VII. GEOLOGY AND SOILS. ....................................................................................23
VIII. GREENHOUSE GAS EMISSIONS. ...................................................................25
IX. HAZARDS AND HAZARDOUS MATERIALS. ....................................................27
X. HYDROLOGY AND WATER QUALITY..............................................................30
XI. LAND USE AND PLANNING. ............................................................................33
XII. MINERAL RESOURCES. ..................................................................................34
XIII. NOISE. ..............................................................................................................35
XIV. POPULATION AND HOUSING. .........................................................................37
XV. PUBLIC SERVICES. ..........................................................................................38
XVI. RECREATION. ..................................................................................................40
XVII. TRANSPORTATION. .........................................................................................41
XVIII. TRIBAL CULTURAL RESOURCES. ..................................................................44
XIX. UTILITIES AND SERVICE SYSTEMS. ..............................................................45
XX. WILDFIRE..........................................................................................................47
XXI. MANDATORY FINDINGS OF SIGNIFICANCE. .................................................48
G. SOURCES ....................................................................................................................50
APPENDIX:
Appendix A Proposed Downtown Districts Development Code Text Amendments
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INITIAL STUDY
June 2021
A. BACKGROUND
1. Project Title: Downtown Districts (DP, DMX, WMX) Amendments Project
2. Lead Agency Name and Address: City of Concord
Community Development Department
1950 Parkside Drive, Building D
Concord, CA 94519
3. Contact Person and Phone Number: Frank Abejo
Principal Planner
(925) 671-3128
4. Project Location: Concord, CA
5. Project Sponsor’s Name and Address: City of Concord
Community Development Department
1950 Parkside Drive, Building D
Concord, CA 94519
6. Existing General Plan Designation: Downtown Pedestrian (DTPD)
Downtown Mixed-Use (DTMU)
West Concord Mixed Use (WCMU)
7. Existing Zoning: Downtown Pedestrian (DP)
Downtown Mixed-Use (DMX)
West Concord Mixed Use (WMX)
8. Required Approvals from Other Public Agencies: None
9. Surrounding Land Uses and Setting:
The Downtown Districts are comprised of three Zoning Districts in the Downtown area of
the City of Concord: the Downtown Pedestrian (DP) district, the Downtown Mixed-Use
(DMX) district, and the West Concord Mixed Use (WMX) district. The DP district consists
of the 10-block Downtown area surrounding Todos Santos Plaza and the blocks
connecting the plaza and the Concord Bay Area Rapid Transit (BART) station. The types
of uses currently within the DP district include pedestrian-oriented commercial uses,
residential, and mid-rise vertical mixed-use development. The DMX district is applied to
the Downtown areas of the City of Concord and includes a cohesive mix of high density
residential, commercial and office, and mixed-uses. The WMX district is applied to the
area west of downtown Concord, along Concord Avenue and the Walnut Creek Channel,
and adjoining areas of the City and consists of a mix of land uses including schools,
commercial, office, retail, multi-tenant office/warehouses, and institutional development.
The Downtown Districts are consistent and implement the land use designations of each
area, as discussed in the City’s General Plan.
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10. Project Description Summary:
The Downtown Districts (DP, DMX, WMX) Amendments Project (proposed project) sets
forth a number of amendments to the City of Concord Development Code proposed by
Jamestown Properties, owner of property at 2020 Willow Pass Road, and the City of
Concord. The majority of proposed changes pertain to the DP district, whereas a smaller
subset concerns the DMX and WMX districts. In general, the proposed amendments either
serve to clarify the existing regulations, provide additional standards for certain uses
fronting Todos Santos Plaza, or require greater discretion for more intensive uses. The
amendments also include changes for consistency with State regulations for certain uses.
Amendments to the Downtown Districts would include changes to Table 18.45.020
(Allowed Uses and Permit Requirements) provided in the Downtown Districts Chapter of
the City’s Development Code.
11. Status of Native American Consultation Pursuant to Public Resources Code Section
21080.3.1:
In compliance with Assembly Bill (AB) 52 (Public Resources Code Section 21080.3.1),
project notification letters were distributed to the Native American Heritage Commission,
Amah Mutsun Tribe, Ohlone Indian Tribe, Ione Band of Miwok Indians, Indian Canyon
Mutsun Band of Costanoan, Wilton Rancheria, Trina Marine Ruano Family, Amah Mutsun
Tribal Band of Mission San Juan Bautista, North Valley Yokuts Tribe, Muwekma Ohlone
Indian Tribe of SF Bay Area, The Confederated Villages of Lisjan, and Guidiville Indian
Rancheria. The letters were distributed on May 10, 2021, and requests to consult have
not been received to date.
B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is “Potentially Significant” as indicated by the checklist on the following
pages.
Aesthetics Agriculture and Forest Air Quality
Resources
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials
Hydrology and Water Land Use and Planning Mineral Resources
Quality
Noise Population and Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities and Service Wildfire Mandatory Findings of
Systems Significance
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C. DETERMINATION
On the basis of this initial study:
I find that the Proposed Project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I find that although the Proposed Project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the Proposed Project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially
significant unless mitigated” on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and
2) has been addressed by mitigation measures based on the earlier analysis as described
on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier
EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project, nothing further is required.
Signature Date
Frank Abejo, Principal Planner City of Concord
Printed Name For
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D. BACKGROUND AND INTRODUCTION
The following document is an Initial Study resulting in a Negative Declaration (IS/ND) prepared
pursuant to the California Environmental Quality Act (CEQA), for the proposed project. This IS/ND
has been prepared in accordance with CEQA, Public Resources Code (PRC) Sections 21000 et
seq., and the State CEQA Guidelines to evaluate the potential environmental impacts of the
proposed project.
In October 2007, the City of Concord adopted the Concord 2030 Urban Area General Plan
(UAGP) and General Plan Environmental Impact Report (General Plan EIR). However, since its
adoption in 2007, the Concord 2030 UAGP was amended in 2008, 2010, and 2012. To reflect
those amendments, the title of the UAGP was changed to the Concord 2030 General Plan
(General Plan) and a Supplemental Final Environmental Impact Report for the 2030 Concord
General Plan EIR (General Plan SEIR) was adopted April 11, 2012 to address the subsequent
amendments made to the General Plan.
The General Plan EIR was a program-level EIR, prepared pursuant to Section 15168 of the CEQA
Guidelines (Title 14, California Code of Regulations [CCR], Sections 15000 et seq.). The General
Plan EIR analyzed full implementation of the original City of Concord UAGP, and identified
measures to mitigate any significant adverse project and cumulative impacts associated with the
General Plan. The General Plan SEIR was later prepared to analyze the amendments made to
the General Plan, and identify measures to mitigate any additional impacts associated with the
amendments. Pursuant to CEQA Guidelines Section 15150(a), the Concord General Plan,
General Plan EIR, and General Plan SEIR are incorporated by reference. All documents are
available upon request at the City of Concord Community Development Department, 1950
Parkside Drive, Building D, Concord, CA 94519 or online at the City of Concord website.
E. PROJECT DESCRIPTION
The following section includes a description of the project’s location and setting as well as a
discussion of the project components, and the discretionary approvals required for the proposed
project.
Project Location and Setting
The City of Concord is located 29 miles east of San Francisco in the north-central region of Contra
Costa County. The City of Concord encompasses approximately 19,840 acres, or 31 square miles
of land area. The city limits extend to Mallard Reservoir in the north and beyond Ygnacio Valley
Road in the south. Interstate 680 (I-680) and the City of Pleasant Hill border the City on the west,
Walnut Creek borders the City on the south, and the eastern boundary is defined by the edge of
the former Concord Naval Weapons Station. The proposed project would include amendments to
the Development Code for the Downtown Districts of the City of Concord, which are located in
the Downtown area, and to the west of the Downtown area of the City (see Figure 1 and Figure
2). Further discussion of each Downtown District is provided below.
Downtown Pedestrian District
The DP district is located in the Downtown area of Concord and encapsulates the 10-blocks
surrounding Todos Santos Plaza and blocks connecting the plaza to the Concord BART station.
The DP district is zoned for pedestrian-oriented commercial uses, residential and mid-rise vertical
mixed-use development with a minimum Floor Area Ratio (FAR) of 1.0 up to 4.0 FAR, and
residential densities of 33 to 100 units per net acre. 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, multi-family residential, and other
service-oriented uses are also permitted on upper floors.
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Figure 1
Regional Project Location
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Figure 2
Downtown Zoning District Locations
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According to the Concord Development Code, development in this district 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.
Todos Santos Plaza is a historic 2.5-acre plaza in the Downtown area of the City. The plaza is
known as a community gathering place for the City and hosts a number of events throughout the
year. Todos Santos Plaza is surrounded by the highly developed DP District which currently
consists of single and multi-level mixed-use buildings which include primarily commercial uses
such as retail shops, restaurants, and office spaces.
Downtown Mixed-Use District
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 multi-
family 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.
The DMX district surrounds the DP District to the east, west, and south. The area included in this
district currently consists of urban land uses that include both single and multi-family residential,
commercial uses such as restaurants and retail shops, and office spaces. The land within the
DMX district is highly developed with single and multi-level buildings located throughout the area.
West Concord Mixed Use District
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.
The WMX district is the largest of the three Downtown Districts and covers the land to the west of
the DMX district. The WMX district consists of multiple land uses, which include large retail
shopping centers, single-family residential, and hotels, and thus, is less densely developed than
the DP and DMX districts. However, the land within the WMX district is highly developed and
consists primarily of previously built-out land with little space left for new construction.
Project Components
The proposed project sets forth a number of text amendments to the Downtown Districts section
of the City of Concord Development Code proposed by Jamestown Properties, owner of property
at 2020 Willow Pass Road, and the City of Concord. Table 1 provides a comparison of the existing
regulations and proposed amendments to the Downtown Districts section of the Concord
Development Code.
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Table 1
Summary of Existing and Proposed Regulations for the Allowed
Uses of the Downtown Districts Development Code
Use Classification Existing Regulation Proposed Amendment
DP District
Grooming Allowed by ZC. Allowed by ZC but prohibited on ground
floor locations directly facing Todos
Santos Plaza.
Bank, Credit Union Allowed by ZC but limited to Allowed by AP for ground floor locations
20% of building frontage or facing Todos Santos Plaza if “Personal
shopping center area. Services, General” and “Bank, Credit
Union” uses do not cumulatively occupy
more than 20% of the street frontage
directly along Todos Santos Plaza. ZC
with no limitations at other DP locations.
Fitness Facility, Health Club Allowed by ZC but prohibited Allowed by ZC but prohibited on ground
at ground floor locations. floor locations directly facing Todos
Santos Plaza.
Convenience Store, no Allowed by ZC. Allowed by ZC but prohibited on ground
Alcohol Sales floor locations directly facing Todos
Santos Plaza.
Grocery Store Allowed by ZC. Allowed by AP.
Hotel, Motel Allowed by UP but prohibited Allowed by UP without restrictions.
at ground floor locations.
Administrative, Information Allowed by ZC but prohibited Allowed by ZC but prohibited at ground
Processing Offices at ground floor locations. floor locations directly facing Todos
Santos Plaza.
Personal Services, General Allowed by AP but limited to Allowed by AP for ground floor locations
20% of building frontage or facing Todos Santos Plaza if “Personal
shopping center area. Services, General” and “Bank, Credit
Union” uses do not cumulatively occupy
more than 20% of the street frontage
directly along Todos Santos Plaza. ZC
with no limitations at other DP locations.
Improvement, Instructional Allowed by ZC but prohibited Allowed by ZC but prohibited on ground
at ground floor locations. floor locations directly facing Todos
Santos Plaza.
Media Production Facility Allowed by ZC. Allowed by ZC but prohibited on ground
floor locations directly facing Todos
Santos Plaza.
Accessory Dwelling Unit, Allowed where there is an Classification removed from all land use
Junior Accessory Dwelling existing single family home. tables and will be regulated by ADU
Unit, Efficiency Unit Ordinance.
Family Day Care Home, Small Allowed by ZC where there is
an existing single family
Classifications removed from land use
home.
table and will be regulated by Concord
Family Day Care Home, Large Allowed by ZC where there is
Development Code 18.200.050.
an existing single family
home.
Residential Care Facility, Allowed by ZC. Not allowed.
Small
Elementary, Middle, Allowed by UP but prohibited Allowed by UP but prohibited at ground
Secondary at ground floor. floor and properties directly fronting Todos
Santos Plaza.
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Table 1
Summary of Existing and Proposed Regulations for the Allowed
Uses of the Downtown Districts Development Code
Use Classification Existing Regulation Proposed Amendment
College, University Allowed by AP but prohibited Allowed by AP but prohibited at ground
at ground floor. floor and properties directly fronting Todos
Santos Plaza.
Trade School, Vocational Allowed by AP but prohibited Allowed by AP but prohibited at ground
Training at ground floor. floor and properties directly fronting Todos
Santos Plaza.
Residential Facility for Allowed by UP with Allowed by UP.
Seniors, Assisted Living residential use only.
Government Office Allowed by ZC but prohibited Allowed by ZC but prohibited at ground
at ground floor. floor locations directly facing Todos
Santos Plaza.
Residential Recreation Facility Allowed by ZC. Not allowed.
Crop Production, Orchard, Allowed by ZC. Not allowed.
Vineyard
DMX District
Bank, Credit Union Allowed by ZC but limited to Allowed by ZC.
20% of building frontage or
shopping center area.
Grocery Store Allowed by ZC. Allowed by AP.
Accessory Dwelling Unit, Allowed where there is an Classification removed from all land use
Junior Accessory Dwelling existing single family home. tables and will be regulated by ADU
Unit, Efficiency Unit Ordinance.
Family Day Care Home, Small Allowed by ZC where there is
an existing single family
Classifications removed from land use
home.
table and will be regulated by Concord
Family Day Care Home, Large Allowed by ZC where there is
Development Code 18.200.050.
an existing single family
home.
Home-Based Business Allowed by ZC. Allowed by ZC with residential use only.
Residential Recreation Facility Allowed by ZC. Not allowed.
Crop Production, Orchard, Allowed by ZC. Not allowed.
Vineyard
WMX District
Grocery Store Allowed by ZC. Allowed by AP
Accessory Dwelling Unit, Allowed where there is an Classification removed from all land use
Junior Accessory Dwelling existing single family home. tables and will be regulated by ADU
Unit, Efficiency Unit Ordinance.
Crop Production, Orchard, Allowed by ZC. Not allowed.
Vineyard
Notes:
ZC: Permitted Use, Zoning Clearance
AP: Administrative Permit Required
MP: Minor Use Permit Required
UP: Use Permit Required
ADU: Accessory Dwelling Unit Application
Table 1 includes a summary of all of the proposed text amendments to the allowed uses and
permit requirements of the Downtown Districts section (18.45.020) of the Development Code. As
shown in Table 1, several of the proposed amendments would serve to clarify existing regulations,
or comport these regulations with the current regulatory setting of the State and/or City (e.g.,
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regulations concerning accessory dwelling units). Certain proposed amendments would require
greater discretionary review such as higher-level permits for future land use approval. For
example, in all Downtown Districts, grocery stores would now require approval through an
Administrative Permit 1 rather than being a permitted use only requiring a Zoning Clearance. In
addition, within the DP district, convenience stores, while still allowed with a Zoning Clearance,
would now be prohibited at ground floor locations directly facing Todos Santos Plaza. In contrast,
other proposed text amendments would ease regulations for a subset of land uses, particularly in
the DP district. While the approval of the proposed text amendments would not result in the direct
development of any properties in the Downtown Districts, CEQA requires an environmental
document to evaluate indirect or secondary effects that could be caused by a project and are later
in time or farther removed in distance, but are still reasonably foreseeable (CEQA Guidelines
Section 15358). Thus, this Initial Study focuses on those proposed text amendments that could
indirectly result in a greater intensity of certain uses in the future without the need for further
discretionary review and approval by the City. The following section describes the subset of
proposed amendments that are the focus of this Initial Study analysis.
Bank, Credit Union: In both the DP and DMX districts, banks and credit unions are
currently allowed with a Zoning Clearance, but limited to 20 percent
of building frontage or shopping center area. For the DP district, the
proposed amendment both tightens and eases restrictions, as
follows: banks and credit unions would now require an
Administrative Permit for ground floor locations facing Todos
Santos Plaza if “Personal Services, General” and “Bank, Credit
Union” uses do not cumulatively occupy more than 20 percent of
the street frontage directly along Todos Santos Plaza. In other
locations within the DP district that do not face Todos Santos Plaza,
banks and credit unions would continue to be allowed with a Zoning
Clearance, but the (20%) cumulative gross area limit would be
eliminated. For the DMX district, the (20%) cumulative gross area
limit would also not apply.
Fitness Facility,
Health Club: Fitness facilities and health clubs are currently allowed with a
Zoning Clearance, but prohibited at ground floor locations within the
DP district. The proposed amendment would continue to prohibit
fitness facilities and health clubs on the ground floor locations facing
Todos Santos Plaza, but these uses would now be allowed on
ground floor locations elsewhere throughout the DP district.
1An administrative permit is required prior to planning division review of any building, grading, or other permit, or other
authorization required for, but not limited to the following uses: home-based businesses; sidewalk cafes or outdoor
eating areas; temporary uses; vendor permits; previously approved project that required a subsequent administrative
permit as a condition of approval, with the exception of previously approved preliminary development plans and the
subsequent use permit where the development code allows the use subject to a zoning clearance; and any other use
or development as determined by the planning division to require further review and/or documentation in the form of an
approval letter, beyond a zoning clearance, in order to determine compliance with the development code (Concord
Development Code Chapter 18.420).
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Administrative,
Information
Processing Offices: Administrative and information processing offices are currently
allowed by a Zoning Clearance within the DP district, but prohibited
at ground floor locations. The proposed amendment would continue
to prohibit administrative and information processing offices on the
ground floor at locations facing Todos Santos Plaza, but these uses
would now be allowed on ground floor locations elsewhere
throughout the DP district.
Personal Services,
General: In both the DP and DMX districts, general personal services are
currently allowed with a Zoning Clearance, but limited to 20 percent
of building frontage or shopping center area. For the DP district, the
proposed amendment both tightens and eases restrictions, as
follows: personal services (general) would now require an
Administrative Permit for ground floor locations facing Todos
Santos Plaza if “Personal Services, General” and “Bank, Credit
Union” uses do not cumulatively occupy more than 20 percent of
the street frontage directly along Todos Santos Plaza. In other
locations within the DP district that do not face Todos Santos Plaza,
general personal services would continue to be allowed with a
Zoning Clearance, but the (20%) cumulative gross area limit would
be eliminated. For the DMX district, the (20%) cumulative gross
area limit would also be eliminated.
Improvement,
Instructional Improvement and Instructional uses are currently allowed by a
Zoning Clearance within the DP district, but prohibited at ground
floor locations. The proposed amendment would continue to
prohibit improvement and instructional uses on the ground floor at
locations facing Todos Santos Plaza, but these uses would now be
allowed on ground floor locations elsewhere throughout the DP
district.
Government Office: Government offices are currently allowed by Zoning Clearance
within the DP district, but prohibited at the ground floor. The
proposed amendment would continue to prohibit government
offices on the ground floor at locations that directly face Todos
Santos Plaza, but these uses would now be allowed on ground floor
locations elsewhere throughout the DP district.
A complete list of all proposed amendments is included in the updated version of Chapter 18.45,
Downtown Districts (DP, DMX, and WMX), of the City of Concord Development Code, which is
presented in the Appendix of this Initial Study.
The amendment does not include any specific proposals for new development or uses. The
purpose of the amendment is to ease restrictions for certain uses requested by Jamestown
Properties in order to provide more options for marketing their 2020 Willow Pass Road building to
prospective tenants, for the City to maintain consistency between the Downtown District zoning
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policies and the General Plan, to correct errors and omissions, and for consistency with recently
enacted State laws.
Discretionary Actions
Implementation of the proposed project would require the following discretionary actions by the
City of Concord:
• Adoption of a Negative Declaration; and
• Approval of the City of Concord Development Code text amendment.
F. ENVIRONMENTAL CHECKLIST
The following checklist contains the environmental checklist form presented in Appendix G of the
CEQA Guidelines. The checklist form is used to describe the impacts of the proposed project. A
discussion follows each environmental issue identified in the checklist. For this checklist, the
following designations are used:
Potentially Significant Impact: An impact that could be significant, and for which no mitigation
has been identified. If any potentially significant impacts are identified, an EIR must be prepared.
Less Than Significant with Mitigation Incorporated: An impact that requires mitigation to
reduce the impact to a less-than-significant level.
Less-Than-Significant Impact: Any impact that would not be considered significant under CEQA
relative to existing standards.
No Impact: The project would not have any impact.
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Less-Than-
I. AESTHETICS. Potentially
Significant
Significant
Less-Than-
Significant
No
with Mitigation Impact
Would the project: Impact
Incorporated
Impact
a. Have a substantial adverse effect on a scenic vista?
b. Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a State scenic highway?
c. In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of
the site and its surroundings? (Public views are those
that are experienced from publicly accessible
vantage point). If the project is in an urbanized area,
would the project conflict with applicable zoning and
other regulations governing scenic quality?
d. Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
Discussion
a-c. Concord is located in California’s Bay Area, 29 miles east of San Francisco in the north-
central region of Contra Costa County. The project area is located in Downtown Concord,
and is surrounded by highly developed land. Per the Caltrans State Scenic Highways
Program, the City of Concord is not located near any officially designated State scenic
highways. 2
The proposed project consists of revisions to the text of the City of Concord Development
Code and does not include any specific development proposals or new uses.
Notwithstanding, approval of the proposed text amendments could result in reasonably
foreseeable consequences related to development within the Downtown Districts. For
example, the proposed amendments would allow for additional uses within ground floor
locations of buildings not facing Todos Santos Plaza. This could help facilitate increased
re-tenanting potential within existing buildings. New building construction would not be
anticipated to indirectly result from the proposed project due to the highly developed
nature of the Downtown area. If construction were to occur in the future, it would most
likely consist of interior improvements or redevelopment of existing structures, rather than
the development of new project sites. Additionally, modifications to the development
standards of the Downtown Districts chapter of the Concord Development Code, such as
building height and FAR, are not proposed as part of the amendments included in the
proposed project. Therefore, the proposed project would not have an adverse effect on a
scenic vista, damage scenic resources, or substantially degrade the existing visual
character or quality of the project area, and no impact would occur.
d. As discussed above, the proposed project consists of revisions to the text of the City of
Concord Development Code and does not include any specific development proposals or
new uses. Any future development facilitated by the proposed text amendments would
likely consist of interior improvements or redevelopment of existing structures, rather than
the development of new project sites. Although redevelopment of existing structures could
modify lighting in the area, and thus the potential exists for future development to create
new sources of light and glare, given the highly developed nature of the project area, it is
2 Caltrans. Scenic Highways. Available at: https://dot.ca.gov/programs/design/lap-landscape-architecture-and-
community-livability/lap-liv-i-scenic-highways. Accessed March 2021.
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not anticipated that new sources of light and glare from redevelopment would be
substantial. Additionally, implementation of General Plan and Development Code policies
designed to minimize light and glare generated by new development would reduce any
impacts that would occur related to future development within the Downtown Districts.
Therefore, the proposed project would result in a less-than-significant impact related to
the creation of new sources of light and glare.
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II. AGRICULTURE AND FOREST Potentially
Less-Than-
Significant Less-Than-
No
RESOURCES. Significant
Impact
with
Mitigation
Significant
Impact
Impact
Would the project: Incorporated
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
b. Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
c. Conflict with existing zoning for, or cause rezoning of,
forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
d. Result in the loss of forest land or conversion of forest
land to non-forest use?
e. Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
Discussion
a,e. According to the California Department of Conservation’s Farmland Mapping and
Monitoring Program (FMMP), the City of Concord consists entirely of Urban and Built-Up
Land. 3 Additionally, the proposed project would not result in any direct development of
land or cause any physical changes to the environment in the City. Given the FMMP Urban
and Built-Up Land designation for the site, development of the proposed project would not
convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a
non-agricultural use, or otherwise result in the loss of Farmland to non-agricultural use.
Therefore, no impact would occur as a result of the proposed project.
b. The project area is not under a Williamson Act contract and is not designated or zoned for
agricultural uses. Therefore, buildout of the proposed project would not conflict with
existing zoning for agricultural use or a Williamson Act contract, and no impact would
occur.
c,d The project area is not considered forest land (as defined in PRC Section 12220[g]),
timberland (as defined by PRC Section 4526), and is not zoned Timberland Production
(as defined by Government Code Section 51104[g]). Therefore, the proposed project
would have no impact with regard to conversion of forest land or any potential conflict
with forest land, timberland, or Timberland Production zoning.
3 Department of Conservation. California Important Farmland Finder. Available at:
https://maps.conservation.ca.gov/DLRP/CIFF/. Accessed February 2020.
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June 2021Downtown Districts (DP, DMX, WMX) Amendments Project
Final Initial Study/Negative Declaration
Less Than
III. AIR QUALITY. Potentially
Significant
Significant
with
Less-Than-
Significant
No
Impact
Would the project: Impact Mitigation Impact
Incorporated
a. Conflict with or obstruct implementation of the applicable
air quality plan?
b. Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard?
c. Expose sensitive receptors to substantial pollutant
concentrations?
d. Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
Discussion
a-c. Concord is located within the Bay Area Air Quality Management District (BAAQMD). The
BAAQMD is part of the San Francisco Bay Area Air Basin (SFBAAB) that includes the
entirety of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Santa
Clara counties; the western portion of Solano County; and the southern portion of Sonoma
County. The City of Concord is located within the Diablo Valley portion of the Diablo-San
Ramon Valley subregion of the SFBAAB. California and the federal government have
established air quality standards for various pollutants. The standards are used to
determine attainment of State and federal air quality goals and plans. Generally, State
regulations are more strict standards than federal regulations. Air quality standards are
set at concentrations that provide a sufficient margin of safety to protect public health and
welfare. BAAQMD has adopted thresholds of significance for various pollutants intended
to maintain attainment of federal and State air quality standards.
The proposed project consists of revisions to the text of the City of Concord Development
Code and does not include any specific development proposals or uses. Notwithstanding,
approval of the proposed text amendments could result in reasonably foreseeable
consequences related to future development or uses within the Downtown Districts. For
example, the proposed amendments would allow for additional uses within ground floor
locations of buildings not facing Todos Santos Plaza. This could help facilitate increased
re-tenanting potential within existing buildings. New building construction would not be
anticipated to indirectly result from the proposed project due to the highly developed
nature of the Downtown area. If construction were to occur in the future, it would most
likely consist of interior improvements or redevelopment of existing structures, rather than
the development of new project sites. Thus, air quality impacts caused by land uses
included in the proposed project for the Downtown Districts have been previously
anticipated in the City’s General Plan and General Plan EIR and SEIR. Additionally,
interior improvements of existing buildings would not expose receptors to substantial
pollutant concentrations due to the relatively minor construction activities that would occur
through the re-tenanting of existing buildings.
Easing restrictions for the allowable land uses in the Downtown Districts may indirectly
increase trips should more intensive uses re-tenant additional ground floor locations, not
facing Todos Santos Plaza. However, as discussed in Section XVII, Transportation, of this
Initial Study, the DP district and portions of the DMX district are located within 0.5-mile of
the Concord BART Station, which is considered a major transit stop pursuant to PRC
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June 2021Downtown Districts (DP, DMX, WMX) Amendments Project
Final Initial Study/Negative Declaration
Section 21064.3. Close proximity to transit is known to reduce vehicle miles traveled
(VMT) and associated mobile source emissions. With respect to the DMX district, the
proposed amendments would eliminate the (20%) cumulative gross area limit for banks
and credit unions within ground floor locations of buildings. This could indirectly result in
additional bank/credit union uses within the DMX district. While some of these uses may
be located greater than 0.5-mile from the BART Station, the majority of the DMX district is
characterized by features promoting low VMT, such as high density, mix of uses, and
transit accessibility. This is supported by the City’s VMT maps, which show the DMX
District as being within a low employment VMT area. Additionally, the land uses affected
by the proposed amendments are not typically region-serving, and would be anticipated
to primarily serve residents of the project area. Therefore, the proposed project is not
expected to increase emissions to exceed the thresholds of significance set by the
BAAQMD. In addition, all future building improvements would be required to comply with
the latest California Building Standards Code (CBSC) Building Energy Efficiency
Standards, which would help to further reduce criteria pollutant emissions associated with
on-site operations (e.g., heating and cooling, lighting, irrigation).
Based on the above, a less-than-significant impact would result.
d. Typical sources of objectionable odors include industrial or intensive agricultural uses. The
proposed project does not involve any industrial uses, and Crop Production, Orchard, and
Vineyard uses, which are currently allowed in the Downtown Districts, will now be
prohibited. The proposed project consists of revisions to the text of the City of Concord
Development Code and does not include any specific development proposals. If
reasonably foreseeable construction were to occur in the future, it would most likely
consist of interior improvements, rather than the development of new project sites. Dust
emissions from interior improvements would be subject to the BAAQMD’s Basic
Construction Mitigation Measures, which would act to reduce construction-related dust by
requiring that haul trucks with loose material are covered and reducing vehicle dirt track-
out. Furthermore, dust generated by interior improvements would be primarily retained
within the building envelope, and would not disperse outside of the project site or to nearby
sensitive receptors. Thus, no impact related to resulting in other emissions (such as those
leading to odors) adversely affecting a substantial number of people would occur.
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June 2021Downtown Districts (DP, DMX, WMX) Amendments Project
Final Initial Study/Negative Declaration
Less-Than-
IV. BIOLOGICAL RESOURCES. Potentially
Significant
Significant
with
Less-Than-
Significant
No
Impact
Would the project: Impact Mitigation Impact
Incorporated
a. Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Wildlife or U.S. Fish
and Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, and regulations or by the
California Department of Fish and Wildlife or US Fish and
Wildlife Service?
c. Have a substantial adverse effect on state or federally
protected wetlands (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
d. Interfere substantially with the movement of any resident
or migratory fish or wildlife species or with established
resident or migratory wildlife corridors, or impede the use
of wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy
or ordinance?
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Conservation Community
Plan, or other approved local, regional, or state habitat
conservation plan?
Discussion
a-d. Per the General Plan EIR, development proposed in the City of Concord General Plan
would be situated, for the most part, on infill sites or land contiguous to existing
development. The Downtown area of the City of Concord is highly urbanized and does not
include riparian habitat or wetlands in the project vicinity. According to Figure 6-4, Special
Status Species and Ecologically Significant Areas, of the Concord General Plan, two
special status species, the California Tiger Salamander and the Contra Costa Goldfields,
have been previously recorded within the Downtown area of Concord. 4 The large radius
representing these species suggests that the precise location of these occurrences is
unknown.
The proposed project consists of revisions to the text of the City of Concord Development
Code and does not include any specific development proposals. Notwithstanding,
approval of the proposed text amendments could result in reasonably foreseeable
consequences related to development within the Downtown Districts. For example, the
proposed amendments would allow for additional uses within ground floor locations of
buildings not facing Todos Santos Plaza. This could help facilitate increased re-tenanting
potential within existing buildings. New building construction would not be anticipated to
indirectly result from the proposed project due to the highly developed nature of the
Downtown area. If construction were to occur in the future, it would most likely consist of
interior improvements or redevelopment of existing structures, rather than the
development of new project sites.
4 City of Concord. City of Concord 2030 General Plan [pg. 6-23]. October 2, 2007.
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June 2021Downtown Districts (DP, DMX, WMX) Amendments Project
Final Initial Study/Negative Declaration
Although there are two previously recorded occurrences of special-status species within
the project area, any future development facilitated by the proposed project would be
reasonably expected to consist of improvements to developed properties, rather than
new construction, and due to the highly urbanized setting of the project area, the
proposed project would not have the potential to adversely affect protected species or
sensitive natural habitats. Therefore, no impact would occur.
e-f. The Concord Development Code includes a tree preservation and protection ordinance
identifying trees to be protected, when a tree permit is required, tree replanting and
replacement requirements, and other provisions for the protection of trees within the City. 5
The proposed project would not facilitate any direct changes to the physical environment.
There may be a limited potential for future building improvements to result indirectly from
approval of the proposed project; however, these improvements would be required to
comply with the tree preservation and protection ordinance described above. Additionally,
the project area is not subject to any adopted Habitat Conservation Plans or Natural
Conservation Community Plans. Therefore, impacts related to conflicts with local policies,
ordinances, or conservation plans would be less than significant.
5 City of Concord. Concord Development Code Chapter 18.310 – Tree Perseveration and Protection. Updated
December 1, 2020.
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June 2021Downtown Districts (DP, DMX, WMX) Amendments Project
Final Initial Study/Negative Declaration
Less-Than-
V. CULTURAL RESOURCES. Potentially
Significant
Significant
with
Less-Than-
Significant
No
Impact
Would the project: Impact Mitigation Impact
Incorporated
a. Cause a substantial adverse change in the significance
of a historical resource pursuant to Section 15064.5?
b. Cause a substantial adverse change in the significance
of a unique archaeological resource pursuant to Section
15064.5?
c. Disturb any human remains, including those interred
outside of dedicated cemeteries.
Discussion
a-c. Historical resources are features that are associated with the lives of historically-important
persons and/or historically-significant events that embody the distinctive characteristics of
a type, period, region or method of construction, or that have yielded, or may be likely to
yield, information important to the pre-history or history of the local area, California, or the
nation. Examples of typical historical resources include, but are not limited to, buildings,
farmsteads, rail lines, bridges, and trash scatters containing objects such as colored glass
and ceramics.
Figure 6-6, Cultural and Historic Resources, of the Concord General Plan, indicates that
there are 35 historic sites and structures located throughout the City, approximately 29 of
which are located in the Downtown area of the City. 6 One of those sites is identified as
Todos Santos Plaza, and the others consist of historic structures and cemeteries.
However, the project area is highly disturbed due to urban development, such that the
potential for disturbance of any unknown cultural resources to occur is low. Additionally,
the proposed project does not include any specific development proposals. Should future
building modifications be facilitated by the proposed amendments to the Downtown
Districts, General Plan Policies POS4.1-1 through POS4.1-4 would ensure preservation
of the identified historic sites located in the project area. In general, these policies require
the preservation of all City, State, and Federally designated historic sites and structures
to the maximum extent feasible through consultation with State and local agencies such
as the State Office of Historic Preservation. Therefore, the proposed project would not
cause a substantial adverse change in the significance of a cultural resource pursuant to
Section 15064.5, or disturb any human remains, and, thus, a less-than-significant impact
would occur.
6 City of Concord. City of Concord 2030 General Plan [pg. 6-36]. October 2, 2007.
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June 2021Downtown Districts (DP, DMX, WMX) Amendments Project
Final Initial Study/Negative Declaration
Less-Than-
VI. ENERGY. Potentially
Significant
Significant
with
Less-Than-
Significant
No
Impact
Would the project: Impact Mitigation Impact
Incorporated
a. Result in potentially significant environmental impact due
to wasteful, inefficient, or unnecessary consumption of
energy resources, during project construction or
operation?
b. Conflict with or obstruct a state or local plan for renewable
energy or energy efficiency?
Discussion
a,b. The proposed project consists of revisions to the text of the City of Concord Development
Code and does not include any specific development proposals. While the proposed
project would not directly result in increased energy use relative to existing conditions,
approval of the proposed text amendments could result in reasonably foreseeable
consequences related to future land use activity for certain land uses within the Downtown
Districts, and additional energy use may occur. However, the lack of site-specific
development applications, including the design and location of specific improvements,
makes evaluation of the project’s energy usage highly speculative.
Any future building improvements would be subject to all relevant provisions of the most
recent update of the California Building Standards Commission (CBSC), including the
Building Energy Efficiency Standards. Adherence to the most recent CALGreen Code and
Building Energy Efficiency Standards would ensure that future tenant improvements for
buildings within the Concord Downtown Districts would consume energy efficiently.
Additionally, tenant improvements for existing buildings could improve energy efficiency
due to the new standards that are required by the CBSC. As such, required compliance
with the CBSC would ensure that the building energy use associated with future permitted
uses would not be wasteful, inefficient, or unnecessary. In addition, electricity supplied to
buildings within the project area would comply with the State’s Renewable Portfolio
Standard (RPS), which requires investor-owned utilities, electric service providers, and
community choice aggregators to increase procurement from eligible renewable energy
resources to 33 percent of total procurement by 2020 and to 60 percent by 2030. 7 Thus,
a portion of the energy consumed during operations would originate from renewable
sources.
Based on the above, the proposed project would not result in wasteful, inefficient, or
unnecessary consumption of energy resources or conflict with or obstruct a State or local
plan for renewable energy or energy efficiency. Thus, a less-than-significant impact
would occur.
7 California Public Utilities Commission. Renewables Portfolio Standard (RPS) Program. Available at:
https://www.cpuc.ca.gov/rps/. Accessed March 2021.
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June 2021Downtown Districts (DP, DMX, WMX) Amendments Project
Final Initial Study/Negative Declaration
Less-Than-
VII. GEOLOGY AND SOILS. Potentially
Significant
Significant
with
Less-Than-
Significant
No
Impact
Would the project: Impact Mitigation Impact
Incorporated
a. Directly or indirectly cause potential substantial adverse
effects, including the risk of loss, injury, or death
involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area based on other substantial
evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b. Result in substantial soil erosion or the loss of topsoil?
c. Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1B
of the Uniform Building Code (1994), creating substantial
direct or indirect risks to life or property?
e. Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
f. Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
Discussion
a-d. The Downtown Districts are located in the highly urbanized Downtown area of the City of
Concord, and, as such, any future land use activity that may be facilitated by the
amendments to the Downtown Districts would most likely be limited to improvements or
redevelopment of existing structures or project sites. As identified in the General Plan EIR,
with implementation of General Plan policies designed to reduce the potential damage to
people or structures from seismic activity, a less-than-significant impact would occur. In
addition, with the implementation of existing regulations outlined by the CBSC, the
potential for substantial adverse effects due to exposure to seismic related ground failure
and soil liquefaction would also be less than significant. Furthermore, soil erosion would
not occur due to interior improvements or redevelopment of existing structures, because
construction activities that cause soil erosion, such as grading, would not occur during the
renovation of existing structures. As a result, the proposed project would result in a less-
than-significant impact related to geology and soils including exposing people or
structures to potential risks involving seismic related ground shaking or failure, soil
erosion, and soil liquefaction.
e. Buildings within the Downtown Districts are connected to the City’s existing public sewer
system. Thus, the use of septic tanks or alternative wastewater disposal systems would
not be applicable for existing or expanded uses within the Downtown Districts. Therefore,
no impact would result.
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