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City of Concord Community Development Department - Downtown Districts (DP, DMX, WMX) Amendments Project Final Initial Study/Negative Declaration ...
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
City of Concord Community Development Department - Downtown Districts (DP, DMX, WMX) Amendments Project Final Initial Study/Negative Declaration ...
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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                                                                                   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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     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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                                                                                           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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            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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                                                                                            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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                                                                                         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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                                                                                     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.

                                                                                                            Page 23
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